Permanent Final AdoptionsAn agency may promulgate rules on a permanent basis upon "final adoption" of the proposed new, amended, or revoked rules. "Final adoption" occurs upon approval by the Governor and the Legislature, or upon enactment of a joint resolution of approval by the Legislature. Before proposed permanent rules can be reviewed and approved/disapproved by the Governor and the Legislature, the agency must provide the public an opportunity for input by publishing a Notice of Rulemaking Intent in the Register.
Permanent rules are effective ten days after publication in the Register, or on a later date specified by the agency in the preamble of the permanent rule document.
Permanent rules are published in the Oklahoma Administrative Code, along with a source note entry that references the Register publication of the permanent action.
For additional
information on the permanent rulemaking process, see 75 O.S., Sections 303, 303.1, 303.2, 308 and 308.1.
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry PERMANENT final adoption
Subchapter 3. Fee Schedules
35:2-3-1 [AMENDED]
35:2-3-2.1 [AMENDED]
35:2-3-2.2 [AMENDED]
35:2-3-2.3 [AMENDED]
35:2-3-2.4 [AMENDED]
35:2-3-2.5 [AMENDED]
35:2-3-2.6 [AMENDED]
Oklahoma Statutes, 2 O.S. §§ 2-4(2), (20) and (29) and 14-83.
Comment period:
February 15, 2011 through March 17, 2011
Public hearing:
March 17, 2011
Adoption:
March 22, 2011
Submitted to Governor:
March 31, 2011
Submitted to House:
March 31, 2011
Submitted to Senate:
March 31, 2011
Gubernatorial approval:
April 12, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 27, 2011
Final Adoption:
May 27, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATIONS BY REFERENCE: N/A
The proposed rules amend certain fees contained in Subchapter 3 pertaining to fee payment, animal health, feed, and fertilizer, meat chemistry, dairy, food, water, microbiological, pesticide, and water and sediment inorganics. These rules allow the Oklahoma Department of Agriculture, Food, and Forestry's Laboratory Services Division to recoup some of the costs associated with conducting the specific tests addressed by the amendments. In some cases, fees are lowered due to changes in the Department's cost to conduct the analyses.
Teena Gunter, General Counsel, Oklahoma Department of Agriculture, Food, and Forestry, Office of General Counsel, P.O. Box 528804, Oklahoma City, OK 73152-8804, phone: (405) 522-4576, email: teena.gunter@ag.ok.gov
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 3. Fee Schedules (a) All bills owed to the Oklahoma Department of Agriculture,
Food, and Forestry for services rendered are payable no later than forty-five (45) days from the time a proper invoice is received. Proper invoice means any invoice which is complete in all requirements for processing for payment.
(b) A signed request by a farmer or individual must shall accompany a sample sent for laboratory analysis by a dealer or other person acting in on behalf of a farmer or individual. Otherwise If no signed request is received, the charge for analysis will shall be made to the dealer or person sending the sample to the laboratory.
35:2-3-2.1. Schedule of animal health testing fees (a) Equine Infectious Anemia:
(1) AGID (agar gel immuno-diffusion) - $5.00 $7.50.
(2) ELISA (enzyme linked immuno-sorbant assay):
(A) Routine - $7.50
(B) One day turn around - $20.00.
(b) Pseudorabies - $4.00.
(c) Brucellosis - $3.00.
35:2-3-2.2. Schedule of feed and fertilizer testing fees (a) Feeds and grains testing fees.
(1) Proximate analysis:
(A) Ash - $5.00.
(B) Fat, dry pet foods (Mojonnier) and milk replacers - $25.00.
(C) Fat, all other feeds (Soxtec) - $15.00.
(D) Fiber, acid detergent (ADF) - $8.50.
(E) Fiber, crude - $10.00.
(F) Moisture - $5.00.
(G) Non-protein nitrogen - $15.00.
(H) Protein - ($20.00) $10.00.
(2) Other feed analysis:
(A) Aflatoxins - $35.00.
(B) Fumonisin - $35.00.
(C) Salt, from chloride - $19.00 $20.00.
(D) Salt, from sodium - ($20.00).
(E) Sulfur - $18.00.
(F) Sugar, total as invert - $50.00.
(G) Vitamin A - $60.00.
(3) Drugs in feeds:
(A) Amprolium - $50.00.
(B) Chlortetracycline - $50.00.
(C) Decoquinate - $65.00.
(D) Lasalocid - $65.00.
(E) Oxytetracycline - $50.00.
(F) Sulfamethazine - $65.00.
(G) Sulfathiazole - $65.00.
(H) Tylosin - $65.00.
(b) Fertilizer testing fees.
(1) Major nutrients:
(A) Total Nitrogen - $20.00 $10.00.
(B) Available Phosphate - $20.00.
(C) Soluble Potash - $20.00.
(2) Micro nutrients: Total Sulfur - $105.00.
(A) Combined Sulfur - $30.00.
(B) Free Sulfur - $75.00.
(c) Lime analysis, sieve, and effective calcium carbonate equivalent (ECCE) - $40.00.
(1) Calcium in Lime - $20.00.
(2) Magnesium in Lime - $20.00.
(3) Calcium carbonate equivalent (CCE) - $20.00.
(d) Elemental analysis testing fees by atomic absorption (AA) or inductively coupled plasma (ICP) spectrometry, each element - $20.00.
35:2-3-2.3. Schedule of meat chemistry testing fees (a) Cereal (Starch Qualitative) - $20.00.
(b) Corn syrup solids - $32.00.
(c) Fat, total - $30.00.
(d) Maximum internal temperature - $10.00.
(e) Non-fat dry milk - $32.00.
(f) Phosphate - $20.00.
(ge) Protein, total - $20.00.
(hf) Salt - $20.00.
(ig) Sodium nitrite, quantitative - $20.00.
(jh) Sodium sulfite, qualitative - $9.00.
(ki) Soy protein - $30.00.
(lj) Water, total - $13.00.
(k) Water activity - $30.00.
35:2-3-2.4. Schedule of dairy, food, water, and microbiological testing fees (a) Aerobic plate count - $12.00.
(b) Bacillus cereus, confirmed - $61.00.
(c) Bacillus cereus, presumptive - $14.00.
(d) Campylobacter - $25.00.
(e) Clostridium perfringens - $20.00.
(f) Coliform (PA or MF) - $18.00 $20.00.
(g) Confirmed membrane filter (MF), lauryl sulfate tryptose (LST) and brilliant green bile (BGB) - $18.00 $20.00.
(h) E. coli - $40.00.
(i) E. coli O157 - $40.00.
(j) Enterococcus - $40.00.
(k) Fecal coliform, membrane filter (MF), or most probable number (MPN) - $18.00 $20.00.
(l) Filth and adulteration of foods, gross examination - $10.00.
(m) Gram stain - $10.00.
(n) Listeria - $40.00.
(o) pH food products - $10.00.
(p) Plate count, coliform - $12.00.
(q) Residual bacteria count - $12.00.
(r) Residual coliform count - $12.00.
(s) Ribotyping, individual bacteria - $105.00.
(t) Salmonella - $40.00.
(u) Shigella - $40.00.
(v) Staphylococcus - $40.00.
(w) Staphylococcus, confirmation of coagulase positive (+) - $10.00.
(x) Swab or utensil count - $12.00.
(y) Thermometer check - $15.00.
(z) Water activity - 30.00.
(aa) Yeast and mold count - $18.00.
(bbaa) Antibiotics in dairy products (non-permitted dairies) - $15.00.
(ccbb) Sulfa and tetracycline drugs in milk - $20.00.
(ddcc) Fat (percent) in milk and milk products (raw) - $6.00.
(eedd) Direct microscopic somatic cell count - $10.00.
(ffee) Electronic somatic cell count - $10.00.
(ggff) Added water in milk - $12.00.
(hhgg) Fat, protein, and lactose (pasteurized milk and retail products) - $6.00.
(iihh) Bacterial DNA isolation and enrichment (Applied Biosystems PCR and Pathatrix for E. coli, Listeria, and Salmonella (not pooled samples) - $30.00.
(jjii) Bacterial DNA isolation and enrichment (Applied Biosystems PCR and Pathatrix for E. coli, Listeria, Salmonella (pooled samples, twenty (20) or more) - $20.00.
(kkjj) Bacterial DNA identification (Applied Biosystems PCR and Qiacube PCR-prep) for E. coli, Listeria, and Salmonella - $20.00
35:2-3-2.5. Schedule of pesticide testing fees (a) Residue analyses:
(1) Water samples:
(A) Organochloride/organophosphate/organonitrogen analysis - $200.00.
(B) Herbicide analysis - $250.00.
(C) Glyphosate analysis - $325.00.
(DC) Unknown/other - $375.00.
(2) Soil samples:
(A) Organochloride/organophosphate/organonitrogen analysis - $200.00.
(B) Herbicide analysis - $300.00 $350.00.
(C) Glyphosate Termiticide analysis - $350.00 $200.00.
(D) Unknown/other - $375.00.
(3) Vegetation samples:
(A) Organochloride/organophosphate/organonitrogen analysis - $250.00.
(B) Herbicide analysis - $300.00.
(C) Glyphosate analysis - $375.00.
(DC) Unknown/other - $400.00.
(4) Organic food program or food samples:
(A) Organochloride/organophosphate/organonitrogen analysis - $275.00.
(B) Herbicide analysis - $325.00.
(C) Glyphosate analysis - $375.00.
(DC) Unknown/other - $400.00.
(5) Surface/Swab samples:
(A) Organochloride/organophosphate/organonitrogen analysis - $250.00 $200.00.
(B) Herbicide analysis - $325.00.
(C) Glyphosate analysis - $400.00.
(D) Unknown/other - $400.00 375.00.
(6) Air Samples:
(A) Organochloride/organophosphate/organonitrogen analysis - $300.00 $200.00.
(B) Herbicide analysis - $350.00 $325.00.
(C) Glyphosate analysis - $400.00.
(D) Unknown/other - $400.00.
(7) Animal Tissue:
(A) Organochloride/organophosphate/organonitrogen analysis - $375.00.
(B) Herbicide analysis - $375.00.
(C) Glyphosate analysis - $400.00.
(DC) Unknown/other - $400.00.
(8) Other matrices not listed above:
(A) Organochloride/organophosphate/organonitrogen analysis - $375.00.
(B) Herbicide analysis - $400.00.
(C) Glyphosate analysis - $400.00.
(D) Unknown/other - $400.00.
(b) Formulations or tank mixes:
(1) Single components - $100.00. Concentrates or tank mixes:
(A) Single component - $100.00.
(B) Two components - $125.00.
(C) Three or more components - $200.00.
(2) Two components - $125.00.
(3) Three or more components - $200.00.
(4) Aerosols - $225.00 $275.00.
(53) Baits - $250.00 $300.00.
(64) Unknowns/other - $250.00 $325.00.
35:2-3-2.6. Schedule of water and sediment inorganic testing fees (a) Alkalinity, total - $15.00.
(b) Biochemical oxygen demand, 5-day (BOD5) - $37.00 $30.00.
(c) Biochemical oxygen demand, 20-day (BOD20) - $47.00.
(d) Biochemical oxygen demand, 30-day (BOD30) - $52.00.
(e) Carbonate/Bicarbonate - $20.00.
(f) Chloride - $20.00.
(g) Electrical conductivity (EC) - $10.00.
(h) Hardness - $25.00.
(i) Ion balance, cation/anion balance - $85.00.
(j) Ion screen, anions (chloride, sulfate, nitrate-nitrogen, and nitrite-nitrogen) - $40.00.
(k) Ion screen, cations (sodium, potassium, calcium, and magnesium) - $40.00.
(l) Kjeldahl nitrogen, total (TKN) - $24.00.
(m) Monochromatic chlorophyll a and pheophytin - $40.00.
(n) Monochromatic chlorophyll a and pheophytin, pre-extracted and ground - $10.00.
(o) Nitrogen from ammonia - $20.00.
(p) Nitrogen from nitrates - $20.00.
(q) Nitrogen from nitrites - $20.00.
(r) pH - $10.00.
(s) Phosphorus from ortho-phosphorus - $20.00.
(t) Phosphorus, total (TP) - $24.00.
(u) Solids, total dissolved (TDS) - $22.00.
(v) Solids, total suspended (TSS) - $22.00.
(w) Sulfate - $20.00.
(x) Trichromatic chlorophyll a, b, and c - $35.00.
(y) Turbidity - $15.00.
(z) LMFO assessment for licensed managed feeding operations pursuant to the Oklahoma Concentrated Animal Feeding Operations Act, Title 2 of the Oklahoma Statutes, Section 20-12 (electrical conductivity, pH, ammonia-nitrogen, nitrate-nitrogen and total phosphorus) - $45.00.
(aa) Water well assessment (non-potable) (anion screen, hardness, pH, total alkalinity, and TDS) - $90.00.
[OAR Docket #11-887; filed 6-9-11]
TITLE 38. Oklahoma Board of Licensed Alcohol and Drug Counselors CHAPTER 10. Licensure and Certification of Alcohol and Drug Counselors PERMANENT final adoption.
Subchapter 9. Supervision
38:10-9-5 [AMENDED]
Oklahoma Board of Licensed Alcohol and Drug Counselors; 59 O.S. § 43B-1875-1
Comment period:
February 2, 2011 to March 4, 2011
Public Hearing:
March 21, 2011
Adoption:
March 21, 2011
Submitted to Governor:
March 28, 2011
Submitted to House:
March 28, 2011
Submitted to Senate:
March 28, 2011
Gubernatorial approval:
April 26, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 20, 2011
Final adoption:
May 20, 2011
Effective:
July 25, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
38:10-9-5 Changes made to clarify wording of supervisor Responsibilities to correct a mathmatical error in number of sessions allowed by video means to coincide with 1/8 time.
Richard D. Pierson, Executive Director, Oklahoma Board of Licensed Alcohol and Drug Counselors 101 N. E. 51st Street, Oklahoma City, OK 73105, 405 521-0779.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 25, 2011: SUBCHAPTER 9. Supervision 38:10-9-5. Requirements for Supervision Status (a) Qualifications. To be eligible for Board approval to supervise LADC and CADC candidates for licensure, a Licensed Alcohol and Drug Counselor must be licensed and in good standing and:
(1) if originally licensed in Oklahoma, must have practiced alcohol and drug counseling for at least two years after licensure; or
(2) if licensed by endorsement from another state, must have practiced alcohol and drug counseling for at least one year beyond Oklahoma licensure; or
(3) also hold a license in good standing with supervision privileges in another behavioral health
field as determined by the Board; or
(4) hold a current valid IC&RC Certified Clinical supervisor credential, and
(5) successfully complete the Board approved alcohol and drug counselor supervision training
course, and
(6) pass the Oklahoma LADC Supervisor Examination(s)
(A) Examination Part A shall consist of clinical supervision skills and knowledge by NAADAC or IC&RC CCS course and exam.
(B) Examination Part B shall consist of Oklahoma State Laws, Rules, and procedures.
(b) Application Process.
(1) Complete an application form provided by the Board.
(2) Submit two letters of reference. At least one letter must be from a current Board approved LADC supervisor. The other shall be from another professional holding a current Oklahoma behavioral health license.
(3) Sign a supervision agreement and supervisor code of ethics.
(4) Pay an application processing fee.
(c) Supervision Training Course and Supervisor Examination.
(1) The Supervision course shall consist of a fifteen hour Board approved workshop on counseling supervision in combination with thirty hours of directed individual study of Board approved counseling supervision literature for a total of forty-five contact hours. The workshop or class must have a minimum of four enrolled supervisor candidates.
(2) For persons who meet the qualifications in subsection (a)(3) or (4), or were Board approved supervisors prior to the effective date of this rule, the supervision course shall consist of a seven and one-half hour Board approved advanced LADC supervisor training workshop and exam Part B - Oklahoma State Laws, Rules and procedures only.
(d) LADC's with Prior Supervisor Status. LADC's who were approved by the Board as supervisors prior to the effective date of this rule must complete the 7 ½ hour advanced supervision training course and pass the Oklahoma LADC Supervisor Examination Part B within eighteen months of the effective date of this rule to retain their Board approved supervision status. Such persons who fail to complete the supervision training course and pass the exam within this time period shall lose their supervision privileges and must reapply.
(e) Renewal of Supervisor Status. To maintain Board approved supervisor status, LADC supervisors must complete, prior to June 30 of each year
(1) Three (3) clock hours of continuing education in counseling supervision, and
(2) These hours are included in the twenty (20) continuing education hours required forLicensure renewal.
(3) With the exception of the twenty hour requirements in 38:10-13-2(a), the Rules in subchapter 13 regarding continuing education requirements for licensure renewal shall also apply to continuing education requirements for supervision status.
(4) Approved supervisor designation will not be renewed until renewal fee has been paid and
(5) Continuing education requirements have been met.
(f) Supervisor Responsibilities.
(1) The supervisor is responsible for having and maintaining knowledge about the supervisee's practice whether in a private or agency setting.
(2) The supervisor is responsible for providing professional consultation and monitoring the supervisee's ethical and professional practices.
(3) The supervisor must provide an average of one hour per week of live, interactive and visual supervision until the candidate becomes licensed or certified. Group supervision is acceptable if such supervision does not exceed at least one half of the total supervisory time per evaluation period. Group size is limited to a maximum of six (6) supervisees.
(A) The phrase 'an average of one hour per week of live, interactive and visual supervision' means one continuous hour in one day of each week of face-to-face or interactive video supervision relating to the supervisee's skills, knowledge, and practices in providing alcohol and drug counseling to clients. Video supervision shall not exceed 1/8 of the total supervision time (13 6 sessions for LADC or 26 12 sessions for CADC). Video supervision must meet all Federal and State Laws of confidentiality.
(B) The Supervisor must provide four hours of face-to-face supervision per calendar month, at the rate of one hour per week, or two hours per week, every other week.
(C) When unforeseen circumstances arise that result in a supervisor providing less than four hours per month, or less than two hours every other week of face-to-face contact, the Supervisor and supervisee shall provide notice of such circumstances to the Board, and shall submit a plan to make up the missed hours to the Board for approval. The plan may include designation of a back-up or alternate supervisor, providing that the supervisee has entered into a supervision contract with the alternate supervisor and such contract has been approved by the Board.
(D) Clinical staff meetings attended by supervisees or meetings with supervisees that consist of discussion of issues other than supervisee's skills, knowledge, and practices in providing alcohol and drug counseling to clients shall not be counted as group supervision.
(4) When the proposed supervisor is not a staff member of the supervisee's agency, the proposed supervisor will ensure that the agency administration, or its representative, is in accord with the arrangements for supervision. This is essential whether these arrangements are made by the agency or the supervisee and regardless of whether the agency contributes to the financial compensation of the supervisor. The supervisor is responsible for securing agreement from the agency administration as to the purpose and content of the desired supervision and the supervisor's specific role responsibilities and limitations. The supervisor is also responsible for learning agency functions and policies so that any supervisory suggestions are constructive and realistic within agency purposes and resources.
(5) The Supervisor must be available to the supervisee for consultation 'on call' 24 hours a day, seven days a week, and arrange for alternate 'on call' supervisor to provide consultation when the primary supervisor is unavailable.
(6) The supervisor must immediately notify the Board of any ethical or professional violations by supervisee.
(7) The supervisor must notify the Board in writing within 14 days of the date supervision is terminated.
[OAR Docket #11-890; filed 6-9-11]
TITLE 75. Attorney General CHAPTER 1. Administration PERMANENT final adoption
Subchapter 1. General Information
75:1-1-1.1. Definitions [AMENDED]
75:1-1-4. Organization [AMENDED]
75:1-1-5. Objectives [AMENDED]
75:1-1-7. Requests for agency public information [AMENDED]
Subchapter 7. Certification and Designation of Domestic Violence Programs, Sexual Assault Programs, Including Programs ServingAdult Victims of Sex Trafficking, and Batterers Intervention Programs
75:1-7-3. Reviewing authority [AMENDED]
75:1-7-4. Qualifications for certifications Certification of facilities and programs and individuals [AMENDED]
75:1-7-5. Procedures for application for certification [AMENDED]
Office of Attorney General; 74 O.S., Sections 18p-1 et seq.
Comment Period:
February 25, 2011 through March 23, 2011
Public Hearing:
March 23, 2011
Adoption:
March 23, 2011
Submitted to Governor:
March 31, 2011
Submitted to House:
March 31, 2011
Submitted to Senate:
March 31, 2011
Gubernatorial Approval:
May 12, 2011
Legislative Approval:
Failure of the legislature to disapprove the rules resulted in approval on May 27, 2011
Final Adoption:
May 27, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
Pursuant to Title 74 O.S. § 18-p1 et seq. the Attorney General is required to adopt and promulgate rules and standards for certification of domestic violence and sexual assault programs and for private facilities and organizations which offer domestic violence and sexual assault services in this state. These rules set forth the administrative requirements which are necessary pursuant to 74 O.S. § 18p-1 et seq. to meet the responsibilities related to oversight, management, evaluation, performance improvement and auditing of domestic violence and sexual assault services in this state.
Susan Damron Krug(405) 522-0042
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING PERMANENT RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 1. General Information The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Certification" means a status which is granted to a person or an entity by the Oklahoma Attorney General, and indicates approval to provide a particular service. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."
"Certification report" means a written notice of the deficiencies developed by the Office of the Attorney General.
"Certified facility" means any facility which has received a certification status by the Oklahoma Attorney General.
"Conditional Certification" means a status which is granted to a person or entity by the Oklahoma Attorney General, and indicates approval to provide a particular service or services for a specified period of time, typically four (4) months) in order to give an a renewal applicant an opportunity to achieve 100% compliance with applicable rules.
"Contractor" or "contractors" means any person or entity under contract with the Office of the Attorney General for the provision of goods, products or services.
"Domestic Violence and Sexual Assault Advisory Council" means a nine-member committee appointed by the Attorney General as described in 74 O.S. § 18p-2.
"Entities" or "entity" means sole proprietorships, partnerships, corporations, limited partnerships, limited liability partnerships, and limited liability companies.
"Facilities" or "facility" means entities as described in 74 O.S. § 18p-6 and Chapters 15, 25 and 30 in Title 75 of the Oklahoma Administrative Code, domestic violence shelters and programs, sexual assault programs, including programs serving adult victims of sex trafficking, and batterers intervention programs.
"Individual proceeding" means the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and which results in the exercise of discretion of a judicial nature.
"Levels of performance" or "level of performance" means a unit of service by types of service.
"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and maintained in the Office of Administrative Rules.
"Probationary certification" means a certification status granted for a period less than three (3) years.
"Reimbursement rates" means the rates at which all contractors are reimbursed (paid) for services they provide under their contract with the Office of the Attorney General, and which are reported to the Office of the Attorney General as required.
"Respondent" means the person(s) or entity(ies) named in a petition for an individual proceeding against whom relief is sought.
"Site Review Protocol" means an Office of the Attorney General internal document used by the Office of the Attorney General Victims Services Unit staff as a work document in the certification site visit(s) that is based primarily upon the rules (standards/criteria) being reviewed. The Site Review Protocol is used in preparing the Certification Report, which is provided to the facility, and in preparing recommendations regarding certification to the Attorney General for his consideration and action.
"Temporary Certification" means a status which is granted to a person or entity by the Oklahoma Attorney General, and indicates approval to provide a particular service or services for one (1) year in order to give an initial applicant an opportunity to achieve 100% compliance with applicable rules.
"Units" or "unit" means an hour, or part of an hour, or group of hours, or a 24-hour day during which a specific service is rendered.
"Victims Services Unit" means the Unit created within the Office of the Attorney General to provide services for persons who require domestic violence or sexual assault services through a domestic violence program, or sexual assault program, including programs serving adult victims of sex trafficking, or batterers intervention program.
(a) The Oklahoma Attorney General is vested with the authority to make rules for the implementation of the Office of the Attorney General's statutorily mandated and permissible functions related to domestic violence programs and ,sexual assault programs, including programs serving adult victims of sex trafficking, and/or batterers intervention programs under 74 O.S. §§ 18p-6.
(b) The Oklahoma Attorney General shall maintain such staff as authorized by law and assign said staff to carry out the duties and responsibilities required to fulfill the statutory requirements of 74 O.S. §§ 18p-1 et seq., and the rules and directives of the Oklahoma Attorney General.
The objectives of the Oklahoma Attorney General are as follows:
(1) The provision of quality domestic violence and sexual assault and batterers intervention services, within the resources available, to those persons, and their families, receiving services from the facilities, certified by and/or under contract with the Office of the Attorney General.
(2) The services by domestic violence and sexual assault providers shall be rendered in an environment of safety, dignity and with respect to the rights of those persons and their families.
(3) Adherence to and compliance with applicable state and federal statutes, including but not limited to Title 74 §§ 18p-1 et seq. of the Oklahoma Statutes and the Public Health Services Act (42 U.S.C.) by all facilities operated by, under contract with, and certified by the Oklahoma Attorney General.
75:1-1-7. Requests for agency public information Any person making a request pursuant to 75:1-1-6 shall comply with the following:
(1) Although the law does not require requests under the Open Records Act to be in writing, it is preferred that requests be in writing and mailed to the Office of the Attorney General, Victims Services Unit or sent via facsimile to (405) 557-1770, or made in person during regular office hours between 8:00 a.m. and 5:00 p.m.
(2) The request should describe the record(s) requested, indicate the name of the party making the request, and have the party's mailing address and telephone number.
(3) The requesting party shall pay a fee for copies. Said fee shall be twenty-five cents (25¢) per page, twelve dollars ($12.00) per 3½-inch diskette, and $1.00 per page for certified documents. Copies provided via FAX machine cost $1.00 per page, regardless of the destination of the Faxed copy. For commercial requests or those that would cause excessive disruption of office function, such as documents that are archived, either internally or with the Oklahoma Archives and Records Commission, a search fee will be charged based upon the hourly rate of the individual(s) searching for, and locating, the requested records.
(4) Client records of a domestic violence program or sexual assault program, including programs serving adult victims of sex trafficking, program are confidential and not subject to release by statutes and federal regulations including, but not limited to, 74 O.S. §§ 18p-3 and 18p-8, and 42 CFR, Part 2.
(5) Certain Office of the Attorney General employee personnel records are confidential and not subject to the Oklahoma Open Records Act, including employee evaluations, payroll deductions, applications submitted by persons not hired by the Office of the Attorney General; internal personnel investigations including examination and selection material, employees' home addresses, telephone numbers, and social security numbers, medical and employee assistance records, and other personnel records where disclosure would constitute a clear invasion of privacy. Personnel records information that are subject to release are the application of a person who becomes an employee of the Office of the Attorney General, gross receipt of public funds, dates of employment, title or position and any final disciplinary action resulting in loss of pay, suspension, demotion or termination.
(6) Any other document protected, as confidential, by any Oklahoma or federal law, or Oklahoma or federal administrative rule, or by order of a court of competent jurisdiction, is not subject to the Oklahoma Open Records Act.
SUBCHAPTER 7. Certification and Designation of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims of Sex Trafficking, and Batterers Intervention Programs 75:1-7-3. Reviewing
authority The Attorney General may shall certify domestic violence shelters and programs, sexual assault programs, including programs serving adult victims of sex trafficking, programs, and batterers intervention programs and direct that such shall be carried out as stated in this subchapter.
75:1-7-4. Qualifications for certifications Certification of facilities and programs and individuals Qualifications for certification are Certification requires compliance with applicable Standards and Criteria as set forth in Chapter 15, Chapter 25 and/or Chapter 30 of OAC Title 75 regulating Standards and Criteria for Domestic Violence Programs, Sexual Assault Programs, including programs serving Adult Victims of Sex Trafficking, and Batterers Intervention Programs.
75:1-7-5. Procedures for application for certification (a) Applications for certification as a domestic violence shelter or program, sexual assault program, including programs serving adult victims of sex trafficking, or batterers intervention program must be made to the Office of the Attorney General in writing on a form and in a manner prescribed by the Attorney General and include the following:
(1) A fully completed application for certification form signed by authorized officials;
(2) The necessary written documentation or supporting evidence required on the application for certification form; and
(3) The required certification fee in the form of a check or money order, payable to the Office of the Attorney General.
(b) The following fees are required: Applicants for domestic violence shelters or programs, sexual assault programs, including programs serving adult victims of sex trafficking, and batterers intervention programs shall submit $150.00 with an initial application and $150.00 with each renewal application. Fees paid by applicants are not refundable.
(c) The application for certification form, required written documentation and fee must be submitted to the Office of Attorney General, Victims Services Unit.
(d) The application may require a listing of all services provided by the applicant, as well as specifics about the applicant including but not limited to governing authority, administrative, fiscal, all locations or sites where applicant will provide services and types of services to be provided.
(e) If, after being certified, a program desires to provide services at a new office location maintained and operated by the certified program or change its current office location, the facility must submit an application on a form and in a manner prescribed by the Victims Services Unit of the Office of the Attorney General, the required documentation and fee, if any. Approval may be granted by the Attorney General upon submission of the required application and documentation to the Victims Services Unit. Before constructing a new facility, the program shall consult with the OAG for review and recommendations regarding victim safety and confidentiality. Approval from the Attorney General must be obtained prior to providing services at the new location. The Victims Services Unit may conduct a visit of the facility in accordance with 75:1-7-8.
(f) If, after being certified, a program desires to provide services at a public facility maintained for or used by the people or community, the certified program must notify the Victim Services Unit in writing of the name and location of the public facility and the type of service(s) offered. Additionally, the certified program must assure that the facility provides the necessary safety, confidentiality, and privacy of victims being served. Approval may be granted by the Attorney General upon submission of the required documentation to the Victims Services Unit. Approval from the Attorney General must be obtained prior to providing services at the new location.
(g) If after being certified, a program desires to offer a new type of service, the facility must submit an application for certification, the required documentation and fee to the Victims Services Unit of the Office of Attorney General prior to providing a new service. Failure to become certified prior to providing services shall be grounds for injunctive relief pursuant to 74 O.S. § 18p-7.
[OAR Docket #11-828; filed 6-2-11]
TITLE 75. Attorney General CHAPTER 15. Standards and Criteria for Domestic Violence and Sexual Assault Programs PERMANENT final adoption
Chapter 15. Standards and Criteria for Domestic Violence and Sexual Assault Programs [AMENDED]
Office of Attorney General; 74 O.S., Sections 18p-1 et seq.
Comment Period:
February 25, 2011 through March 23, 2011
Public Hearing:
March 23, 2011
Adoption:
March 23, 2011
Submitted to Governor:
March 31, 2011
Submitted to House:
March 31, 2011
Submitted to Senate:
March 31, 2011
Gubernatorial Approval:
May 12, 2011
Legislative Approval:
Failure of the Legislature to approve the rules resulted in approval on May 27, 2011
Final Adoption:
May 27, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
Pursuant to Title 74 O.S. § 18p-6, the Attorney General is required to adopt and promulgate rules and standards for certification of domestic violence programs and for private facilities and organizations which offer domestic violence, sexual assault and stalking services in this state. These rules set forth the requirements which are necessary to provide services pursuant to 74 O.S. § 18p-1 et seq. and to meet the responsibilities related to oversight, management, evaluation, performance improvement, and auditing of domestic violence and sexual assault services. Amendments are necessary to amend definitions in order to mirror the definitions of services as approved by the Department of Central Services for fee for service contracts. The definition of "client record," will ensure that all communication is included, not just paper records. The definition of "behavioral health professional" was taken out of the definition for counseling, and definitions for "release" or "waiver" and "referral" and "substance abuse services" were added. The difference between "staff" and "volunteer" is also enumerated. Amended language will also require certified programs to have a policy for provision of services to teenage boys over the age of twelve. Additionally, in order to ensure compliance with state and federal law, a provision was added that identifying information such as initials, age, year of birth or gender shall not be part of the client ID and that the same discreet identifier shall be the client ID that is entered into the OAG data base without further encryption. The need for programs to screen for stalking and providing evidence-based safety planning is clarified. Required training of staff and volunteers will include how to access services for persons with special needs. Governing authorities will also be required to have a conflict of interest agreement and receive training on rules and standards to ensure multi-cultural needs of clients are met.
Susan Damron Krug(405) 522-0042
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING PERMANENT RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 1. General Provisions 75:15-1-1.1. Mission and underlying philosophy (a) The mission of the standards and criteria for domestic violence and sexual assault programs, including programs serving adult victims of sex trafficking, is to eliminate domestic violence, sexual assault, sex trafficking and stalking in the State of Oklahoma.
(b) The philosophy underlying the standards and criteria for domestic violence, and sexual assault, and batterers intervention programs, including programs that serve victims of sex trafficking and stalking, is that:
(1) All persons have the right to live without fear, abuse, oppression and violence;
(2) There should be equality in relationships and survivors of domestic violence, sexual assault and stalking should be helped to assume power over their own lives;
(3) No one deserves to be victimized by assaultive or abusive behavior;
(4) Survivors should be treated with dignity and respect;
(5) All people involved in violent crimes are affectedCvictims, children, families, partners, friends, the community, and perpetrators;
(6) Offending is a choice, and perpetrators of domestic violence, sexual assault, sex trafficking and stalking are solely responsible for their behavior;
(7) These perpetrators must be held accountable for their behavior;
(8) A coordinated community response is the best approach to eliminating domestic violence, sexual assault, sex trafficking and stalking in Oklahoma, and
(9) Safety for the victims/survivors and their dependants is the primary focus of intervention and services.
The following words or terms, when used in this chapter, shall have the defined meaning, unless the context clearly indicates otherwise:
"Admission" means to accept a client for services or treatment.
"Advocacy" means the assistance provided which supports, supplements, intervenes and/or links the clients and their dependents with the appropriate service components to encourage self-reliance and provide information that will enable independence. This can be viewed as a combination of active listening and facilitating personal problem solving along with researching options of action, safety planning, community outreach and education and include medical, dental, financial, employment, legal and housing assistance.
"Advocate" means a person, providing support to ensure clients receive appropriate services.
"Assessment" means an appropriate course of assistance based on a face-to-face formal screening.
"Batterer" means a person, male or female, who perpetrates domestic violence, stalking or other harassment against present or past intimate partners, another adult, emancipated minor or minor child, who are family or household members or who are or were in a dating relationship.
"Batterers intervention" means services provided to batterers, or perpetrators of domestic violence that hold a batterer accountable for his or her abusive behavior, provide consequences for engaging in violent or abusive behavior, provide monitoring of batterer's behavior, and require him or her to change his or her behavior and attitudes and are also protective of the victim(s). Anger control or management, substance abuse treatment or mental health treatment alone or in combination with each other shall not constitute batterers intervention; neither may these interventions alone nor in combination with each other be utilized as the primary means of facilitating the required changes in behavior and attitudes.
"Behavioral Health Professional" means either licensed or under supervision for licensure as a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral Practitioner, Licensed Clinical Social Worker, psychiatrist or psychologist with clients in individual, group or family settings to promote positive emotional or behavioral change. A practicum student or intern in an accredited graduate program in preparation for one of the above licenses may provide counseling to victims of domestic violence, sexual assault or stalking and their dependents.
"Business day" shall mean a calendar day other than a Saturday, Sunday, or state holiday. In computing any period of time where the last day would fall on a Saturday, Sunday, or state holiday, the period shall run until 5:00 o'clock p.m. of the next business day.
"Case consultation" means review of a client's case by the primary service provider and other program personnel, consultants or both.
"Case management" means the process of supporting and helping victims/survivors and their dependents as they cope with and overcome the effects of domestic violence, sexual assault and stalking. Actions may include activities such as 1)developing, reviewing, and updating the service plan that is designed to solve specific problems in the current life situation; 2) supporting adult/child survivor's skills in making their desired life changes through activities such as introducing new skills, modifying previous ways of coping with their situation and linking to resources to address immediate needs and secondary issues, and/or 3) exit planning as part of the individual supportive services. The service provider must be a Certified Domestic and Sexual Violence Response Professional (CDSVRP) certified by the Oklahoma Coalition Against Domestic Violence and Sexual Assault.
"Certified batterer intervention program" means a status which is granted to an entity by the Oklahoma Attorney General, and indicates approval to provide batterers intervention services and treatment programs pursuant to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."
"Certified Domestic and Sexual Violence Response Professional" means a professional certified by the Oklahoma Coalition Against Domestic Violence and Sexual Assault.
"Certified domestic violence and sexual assault program" or "Certified DV / SA program" means a status which is granted to an entity by the Oklahoma Attorney General, and indicates approval to provide domestic violence, sexual assault and stalking services pursuant to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."
"Child" or "Children" means
any individual from birth to eighteen years of age.
"Children's Activities" means direct child contact that is temporary in nature and is not intended to address the effects of domestic violence, sexual assault/abuse and trauma on children i.e., child care, special events such as Christmas parties, Easter egg hunts, that is supervised by program personnel or volunteers.
"Children's Services" means direct child contact that is intended to address the effects of domestic violence, sexual assault/abuse and trauma on children including but not limited to intake, needs assessment, groups, advocacy and any other service related to domestic violence, sexual assault/abuse and trauma.
"Client" means an individual, adult or child, who has applied for, is receiving or has received assistance or services of a DV/SA or batterer's program.
"Client record" means written information including assessment information, description of services provided services plan, and other includes but is not limited to, all communication, records and information on an individual client.
"Community" means the people, groups, agencies or other facilities within the locality served by the program.
"Contract" means a formal document adopted by the governing authority of the program and any other organization, agency, or individual that specifies services, personnel or space to be provided to the program and the monies to be expended in exchange.
"Counseling" means a method of using various commonly acceptable treatment approaches provided face-to-face by a behavioral health professional either licensed or under supervision for licensure as a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral Practitioner, Licensed Clinical Social Worker, psychiatrist or psychologist with clients in individual, group or family settings to promote positive emotional or behavioral change. A practicum student or intern in an accredited graduate program in preparation for one of the above licenses may provide counseling to victims of domestic violence, sexual assault or stalking and their dependents. Counseling is goal directed and utilizes techniques such as cognitive behavioral treatment, narrative therapy, solution-focused brief therapy, psycho-educational interventions or another widely accepted theoretical framework for treatment face-to-face therapeutic session with one-on-one interaction between a behavioral health professional and an individual to promote emotional and/or behavioral change focused on victim safety and perpetrator accountability. Those individuals providing professional therapy to adult/child victims/survivors of domestic violence/sexual assault and stalking must be prepared to provide education and information about:
(A) Safety;
(B) How perpetrators maintain control and dominance over their victims;
(C) The need to hold perpetrators accountable for their actions;
(D) The recognition that individuals victimized are not responsible for a perpetrator's violent behavior, and the role of society in perpetuating violence against women and the social change necessary to eliminate violence against women, including the elimination of discrimination based on race, color, gender, sexual orientation, age, disabilities, economic or educational status, religion and national origin.
"Court advocate" means a qualified, trained staff or volunteer whose duties are to provide assistance to victims and any dependents in legal matters relevant to their situation. A Court Advocate provides court advocacy through support, information, assistance, safety planning, accompaniment and intervention with any aspect of the civil or criminal legal system on behalf of a victim of domestic violence, sexual assault or stalking.
"Crisis intervention" means an immediately available service to meet the psychological, physiological or safety aspects of domestic violence or sexual assault related crises in response to emergencies, to provide crisis resolution to stabilize conditions and may include triage, danger assessment, screening, planning, intervention, referral and documentation services based upon a problem-solving model to provide information and referrals that assist an individual domestic violence, sexual assault or stalking victim/survivor in crisis. Crisis intervention services include but are not limited to assessing dangerousness, safety planning, information about available legal remedies, establishing rapport and communication, identifying major problems, exploring feelings and providing support, exploring possible alternatives, and/or formulating an action plan and follow-up measures.
"Critical incident" means an occurrence or set of events inconsistent with the routine operation of the facility, or the routine care of a client. Critical incidents specifically include but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to clients, personnel, volunteers and visitors; incidents involving medication; neglect or abuse of a client; fire; unauthorized disclosure of information; damage to or theft of property belonging to a client or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.
"Direct services" means services delivered by a qualified staff member or volunteer, in direct contact with a client or client's child, including child care and telephone contact.
"Director" means the person hired by the governing authority to direct all the activities of the organization.
"DV/SA" means domestic violence
and sexual assault.
"Documentation" means the provision of written, dated and authenticated evidence to substantiate compliance with standards, e.g., minutes of meetings, memoranda, schedules, notices, logs, records, policies, procedures, announcements, correspondence, and photographs.
"Domestic violence" means assaultive or coercive behaviors, including physical, sexual and psychological attacks and economic coercion, against another adult, emancipated minor or minor child, who are family or household members or who are or were in a dating relationship.
"Education" means the dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity of the community concerning domestic violence, sexual assault or batterer's intervention and other related problems and services and may include a systematic presentation of selected information to impart knowledge or instructions, to increase understanding of specific issues or programs, to examine attitude or behaviors and stimulate social action or community support of the program and its clients.
"Emergency services" or "crisis services" means a twenty-four (24) hour capability for danger assessment, intervention and resolution of a client crisis or emergency that is provided in response to unanticipated, unscheduled emergencies requiring prompt intervention.
"Emergency transportation" means transportation for a victim of DV/SA to a secured identified location at which emergency services or crisis services can be provided.
"Executive director" means the person in charge of a facility as defined in this section.
"Facility" means the physical location(s) of a certified program governed by this chapter of Title 75.
"Family" means the children, spouse, parents, brothers, sisters, other relatives, foster parents, guardians and others who perform the roles and functions of family members in the lives of clients.
"Governing authority" means a group of persons having the legal authority, and final responsibility for the operations and functions of the entire DV/SA program, or shelter, in and of all geographical locations and administrative divisions.
"Group counseling" means a method of using various commonly acceptable treatment approaches provided face-to-face by qualified staff with not more than twelve (12) clients to promote positive emotional or behavioral change. Counseling is goal directed and utilizes techniques such as cognitive behavioral treatment, narrative therapy, solution focused brief therapy psycho-educational interventions or another widely accepted theoretical framework for treatment face-to face therapeutic session with a group of adult/child victims/survivors to promote emotional or behavioral change. Those individuals providing professional therapy to victims/survivors of domestic violence must be prepared to provide education and information about:
(A) Safety;
(B) How perpetrators maintain control and dominance over their victims;
(C) The need to hold perpetrators accountable for their actions;
(D) The recognition that individuals victimized are not responsible for a perpetrator's violent behavior, and the role of society in perpetuating violence against women and the social change necessary to eliminate violence against women, including the elimination of discrimination based on race, color, gender, sexual orientation, age, disabilities, economic or educational status, religion or national origin.
"Guardian" means an individual who has been given the legal authority for managing the affairs of another individual.
"Indirect services" means services delivered by a staff member or volunteer, that does not involve direct services with a client or client's child.
"Initial contact" means a person's first contact with the program or facility requesting information or service by telephone or in person.
"Intake" means the written information about a client as a basis for assessment or services, obtained by the program at time of admission an interaction intended to discover what has happened, determine what the crisis is, assess dangerousness indicators, do safety planning, and/or establish the immediate needs of domestic violence/sexual assault & stalking victims and any dependents to determine appropriate services and referrals. This includes interaction with an individual determined to be appropriate for ongoing service in order to obtain basic demographic information, gather vital information on the adult and the children, orient the victim/survivor to the program, program rules, and if applicable, the facilities. Cultural needs should also be identified at this time.
"Language Interpretation" means activities that involve a client who is deaf or hearing impaired or has limited English proficiency requiring an interpreter for a staff member or volunteer to provide services.
"Licensure" means the official or legal permission to persons or health facilities meeting qualifications to engage in a given occupation or use a particular title.
"Medical
care" means those diagnostic and treatment services which can only be provided or supervised by a licensed physician.
"Medication" means any prescription or over-the-counter drug, that is taken as prescribed or directed.
"Mental health services" means a range of diagnostic, therapeutic, and rehabilitative services used in treating mental illness or emotional disorders, including substance abuse.
"Neglect" means failing to provide adequate personal care or maintenance, or access to medical care which results or may result in physical or mental injury or harm to a client.
"OAG" means the Office of the Attorney General.
"Objectives" means a specific statement of planned accomplishments or results which are quantitative, qualitative, time-limited and realistic.
"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and maintained in the Office of Administrative Rules.
"Operation" means that clients are receiving services provided by the program.
"Personnel record" means a file containing the employment history and actions relevant to individual personnel and volunteer activities within an organization such as application, evaluation, salary data, job description, citations, credentials, etc.
"Persons with special needs" means persons with a condition which is considered a disability or impairment under the "American with Disabilities Act of 1990" including, but not limited to the deaf and hard of hearing, blind, physically disabled, developmentally disabled, persons with disabling illness, persons with mental illness. See "Americans with Disabilities Handbook," published by U.S. Equal Employment Opportunity Commission and U.S. Department of Justice.
"Policies" means statements of program intent, strategy, principle, or rules for providing effective and ethical services.
"Primary Victim" means a client who has experienced domestic violence, sexual assault, stalking or the consequences of these crimes first hand.
"Procedures" means the standard methods by which policies are implemented.
"Program" means a set of activities designed and structured to achieve specific objectives relative to the needs of the clients.
"Program evaluation" means the documented assessment activities, performed internally or externally, of a program or a service and its staff, volunteers, activities and planning process to determine whether program goals are met, staff, volunteers and activities are effective, and what effect, if any a program or service has on the problem which it was created to address or on the population which it was created to serve.
"Program goals" means broad general statements of purpose or intent.
"Qualified staff" means someone who has met the criteria for provision of direct services as defined in 75:15-13-20.
"Rape crisis response services" means "sexual assault services" as defined in this section.
"Release" or "Waiver" means consent that is informed, written and reasonably time-limited. The terms may be used interchangeably to mean the same thing. "Release" implies that confidential information is released (despite confidentiality or privilege protection), and "Waiver" implies waiving the right (to maintain privilege). If release of information is compelled by statutory or court mandate, the program shall make reasonable attempts to provide notice to victims affected by the disclosure of information and take steps necessary to protect the privacy and safety of the persons affected by the release of the information.
"Referral" means information disseminated and/or coordinated access to agency and community services to meet victims'/survivors' and their dependents' identified needs.
"Safe Home" means private dwellings available for the temporary housing of victims of domestic violence, sexual assault and stalking to ensure safety of victims and their any dependents until other housing arrangements can be made.
"Safe Home Provider" means an individual or family providing safe home Safe Home services through a formal agreement with a Certified DV/SA Program.
"Safety Planning" means the process of working with the adult/child victim/survivor to develop tools in advance of potential abuse or violence for the immediate and long term safety of the victim/survivor. The plans should be based on the individual's dangerousness indicators and should include the safety needs of dependents.
"Screening" means
the process of determining, preliminarily the nature and extent of a person's problem in order to establish the service needs of an individual. At a minimum, a screening shall include a brief personal history related to abuse, a review of the individual's strengths and resources, risk factors and referral needs.
"Secondary Victim" means a person with a relationship with the primary victim.
"Service agreement" means a written agreement between two or more service agencies or service agencies and individual service providers defining the roles and responsibilities of each party. The purpose of service agreements is to promote coordination and integration of service programs for the purpose of curbing fragmentation and unnecessary service duplication in order to assure a continuation of services.
"Service note" means the documentation of the time, date, location and description of services provided, and signature of staff or volunteer providing the services.
"Service plan" means a plan of action developed and agreed upon by the client and service provider that contains service appropriate goals and objectives for the client.
"Sexual assault services" means personal advocacy and support services provided to primary and secondary victims of rape and sexual assault in settings such as law enforcement, medical settings or program offices.
"Shelter services" means a residential living arrangement in a secure setting with support and advocacy services provided by qualified staff, for victims of domestic violence, sexual assault and stalking and their dependents.
"Staff" means personnel that function with a defined role within the program whether full-time, part-time or contracted.
"Substance Abuse services" means the assessment and treatment of diagnosable substance abuse and dependence disorders, as defined by current DSM criteria, by qualified alcohol and drug treatment professionals.
"Support" or "Supportive Services" means services provided to victims of domestic violence/sexual assault and/or their families which augment or complement a defined service plan.
"Transitional living services" means housing maintained and operated by a Certified domestic violence and sexual assault program temporary, independent living programs with support services provided by the staff or volunteers of the sponsoring domestic violence, sexual assault and stalking program. These services are extensions of domestic violence shelter services to victims of domestic violence, sexual assault and/or stalking and their dependents. These services permit victims to develop their financial capacity and other means to live independently.
"Universal precautions for transmission of infectious diseases" means those guidelines promulgated by the U.S. Occupational Health and Safety Administration which are designed to prevent the transmission of Human Immunodeficiency Virus, hepatitis and other infectious diseases.
"Update" means a dated and signed review of a report, plan or program with or without revision.
"Victim recovery services" mean a face-to-face service, provided one on one by qualified staff to groups or individuals to maintain or develop skills necessary to perform activities of daily living and successful integration into community life. This service includes educational and supportive services regarding independent living, self care, and social skills regarding development and lifestyle changes.
"Volunteer" means any person who is not on the program's payroll, but provides either indirect or direct services and fulfills a defined role within the program and includes interns and practicum students.
SUBCHAPTER 2. Domestic Violence and Sexual Asssault Programs 75:15-2-1. Service programs (a) All certified programs shall serve victims of domestic violence, sexual assault and stalking and their dependents or family members.
(b) The program shall have policy and procedures to maintain facilities, staffing, and operational methods, including a policy on the recruitment of board members, staff and volunteers who are representative of the diversity in the local community and the diversity of their clients.
(c) All certified programs shall provide sexual assault services and be part of a sexual assault response team in their service area, providing that there is a sexual assault response team in place. The program shall collaborate with other certified DV/SA providers in their service area. When appropriate staff or volunteers isare available, the program shall assist the Council on Law Enforcement Education and Training (CLEET) by providing appropriate staff or volunteers to assist in sexual assault and sexual violence training to law enforcement. The program shall provide at a minimum the following services:
(1) Counseling or advocacy and support services shall be provided in the social service, legal, law enforcement or medical setting, in program offices or at any safe and appropriate site, as needed by the client.
(2) Twenty four (24) hours, seven (7) days
per week access to these services through the program's crisis hotline.
(3) A twenty-four (24) hour hotline, crisis intervention, in-person advocacy as needed, active listening, or support by trained staff or volunteers with a knowledge of the issues and processes of sexual assault, rape trauma recovery, assessment, referral when indicated and family involvement where chosen by the victim.
(4) Needed clothing for the sexual assault victim.
(5) Follow-up contact that does not compromise privacy and safety needs of the victim shall be offered to all sexual assault clients seen in the medical setting. If written permission is granted by the client for follow-up contact, it shall be done no later than fourteen (14) business days after face-to-face crisis intervention. Follow-up will offer the client agency services or other available resources needed by the client.
(d) All certified programs shall provide crisis intervention including, but not limited to:
(1) Twenty-four (24) hour crisis telephone services staffed by trained staff or volunteers, 24-hour immediate, direct access to crisis advocates. Pagers, answering machines or answering services that do not provide immediate access to a crisis advocate shall not be sufficient to meet this requirement.
(2) Emergency housing such as hotel or motel available for victims and their dependent(s).
(3) Arrangement for safe shelter, food, clothing, and incidentals needed by victim/dependents.
(4) The crisis intervention program shall provide transportation or access to transportation for necessary or emergency services. This shall not require service providers to be placed in a situation that could result in injury.
(5) Cooperation with law enforcement to provide assistance to the victim and accompanying dependent(s). Programs should ensure victims are educated about participating in the legal prosecution of their offender and that an appropriate release or waiver may be necessary.
(6) Provision of advocacy and referral to assist the victims in obtaining needed services or resources.
(7) Foreign language interpretation.
(78) Follow-up services shall be offered to all victims if victim safety is not compromised.
(e) All Certified certified programs shall provide counseling or support, support groups, advocacy, and victim recovery. Group and/or individual counseling or support services shall be made available before or after normal business hours (8 am to 5 pm), if needed by clients. These services shall minimally provide the following:
(1) A facility with offices, individual and group counseling space to provide services.
(2) Advocacy services, both in person and by telephone, either in the locations of other community services and systems, or in the program's offices. Other locations include but are not limited to those necessary to provide court advocacy services to clients.
(3) Current service agreement to be renewed every three (3) years with available community services to provide access to a continuum of needed services for the client. If unable to establish a current service agreement with all appropriate resources in the community, efforts to do so or reasons/opinions why this is not or cannot be done shall be documented.
(4) A resource document of local, area, or state resources to facilitate referrals for clients.
(5) Service approaches that focus on the empowerment of victims to access needed resources and make healthy and safe decisions for themselves and dependents.
(6) For agencies that do not have a behavioral health professional on staff, the agency shall maintain an updated list of identified behavioral health professionals in their community who treat clients with sexual assault related trauma who need additional mental health or substance abuse services.
(f) All certified programs are required to conduct a name search of employees at least annually against the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act while such person is working with or serving children. All persons working with or providing services to children shall be required to sign a statement declaring that he or she is not currently required to register under the provisions of the Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act. Compliance with the signed statement shall be mandatory for all persons working with or providing services to children, and there shall be no liability or obligation placed upon any person or business to ascertain the truthfulness of the affidavit.
(g) Within five (5) business days of entry into shelter or transitional living or prior to providing children's services (excluding advocacy or children's activities or crisis intervention), all certified programs shall assess the risk and needs of the children accompanying primary victims and provide children's services to address the impact of violence and trauma in their lives and to facilitate healing. A risk and needs screening and assessment on each child shall minimally include information on his or her:
(1) Safety, including but not limited to:
(A) History of child abuse or neglect;
(B) Exposure
or witnessing violence;
(C) Child's response to witnessing violence;
(D) History of involvement in the child welfare system; including the presence of current child welfare involvement;
(E) Visitation with the perpetrator;
(2) Brief trauma screening to assess the impact of trauma;
(3) Developmental history to include speech and language, hearing and visual;
(4) Medical or physical health history;
(5) Social history to include interactions with peers;
(6) History of use of tobacco, alcohol or other drugs;
(7) Parent/guardian custodial status;
(8) Community referral needs.
(h) Services provided to each child shall be culturally sensitive while addressing the identified risk and needs and shall minimally include:
(1) safety planning that is appropriate with respect to the child or adolescent's age, development, and education;
(2) a specific safe, protected play area for children;
(3) advocacy with community systems;
(4) referral to community resources for needed services;
(5) linkage and advocacy with the local school system to provide for ongoing educational needs;
(6) parenting support for clients, if applicable; and
(7) Children's groups using age appropriate topics and based on established best practices.
(i) Pursuant to Title 10A O.S. § 1-2-101, any person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect, shall report the matter promptly to the Department of Human Services.
(j) All Certified certified programs shall maintain an atmosphere and provide services that are free from all forms of unlawful discrimination based on race, sex, religion, color, age, national origin, and/or disability (including i.e., physical, mental illness, and substance abuse), including a policy that services to immigrant women will not be denied or diminished on the basis of immigration status.
(k) All certified programs shall provide public education to increase the community's awareness and understanding of domestic violence, sexual assault and stalking, available and needed resources, and identify the role community can play in eliminating domestic violence, sexual assault, and stalking.
(l) Compliance with 75:15-2-1 shall be determined by a review of the program's policy and procedures, service agreements, on site observation, client and staff or volunteer interviews and/or other supporting documentation.
75:15-2-2. Shelter program (a) All shelter programs shall comply with section 75:15-2-1 and each shelter program shall provide long-term (thirty [30] days or more) shelter services and staffing to provide services twenty-four (24) hours per day, seven (7) days per week and
provide the following services:
(1) A group living program providing room, board, bathing and laundry facilities, necessary clothing and toiletries for victims and their children.
(2) Shelters shall be staffed at all times when clients are in residence. When there are no clients in residence, each shelter program must assure availability for immediate contact or services.
(3) The shelter's policy shall have written procedures regarding the supervision of children.
(4) In the event the shelter does not provide services to clients with dependent boys over the age of twelve, the shelter shall have written policies regarding linkage to alternative provision of services including emergency shelter.
(45) Shelter programs shall provide screening, referral and linkage to clients and callers to appropriate community resources, to include assistance in making initial contact.
(56) The shelter program shall maintain cooperation/liaison with the local school system.
(67) Each shelter program must ensure to the best of their ability the safety, security, and confidentiality of clients and the location of the shelter.
(78) The shelter shall maintain involuntary discharge criteria.
(b) Compliance with 75:15-2-12 shall be determined by a review of policy and procedures, service agreements, on site observation, and/or other supporting documentation.
75:15-2-3. Transitional living program (a) All transitional living programs shall comply with 75:15-2-1 and the following:
(1) The program shall maintain homes, apartments, or other residential living environments suitable for survivors of domestic and sexual violence, stalking and their dependents, if applicable, and which provide the reasonable safety and privacy needed by this population. The program shall provide access to necessary furniture and equipment.
(2) The program shall include heating and refrigerated cooling systems to maintain a reasonable comfort level.
(3) Supportive services for residents are available through the twenty-four (24) hour program hotline by trained staff or volunteers.
(4) The program shall assign staff or a volunteer as the advocate or liaison for the clients residing in the transitional living program(s). This person, or a crisis line staff person or volunteer, shall be available for emergencies at all times.
(5) The program shall have a written agreement with each resident that outlines specific responsibilities of both the program and the resident to include expectations, responsibilities, and limitations. The agreement shall be signed by both parties.
(6) The program shall offer weekly support groups for transitional living residents and children.
(7) The program shall offer at least one 30 minute face to face service contact per week with each transitional living residents and children.
(b) Compliance with 75:15-2-23 shall be determined by a review of program policy and procedures, client records, onsite observation, written agreements and/or other supporting documentation.
75:15-2-4. Safe home Home program (a) All safe home Safe Home programs shall comply with section 75:15-2-1 and the following:
(1) The program shall provide confidential housing 24 hours a day, 365 days a year.
(2) Certified DV/SA providers that have a formal agreement for a safe home Safe Home shall:
(A) assure that each safe home Safe Home provides residents with access to minimum necessities including bedding, clothing, articles for grooming and personal hygiene, and food;
(B) develop and disseminate to safe home Safe Home providers and residents written rules, policies and procedures that include admission and exit criteria including security measures;
(C) have written procedures for monitoring safe homes Safe Homes to ensure that the homes meet standards for cleanliness and safety;
(D) provide orientation to all clients and require they sign a contract acknowledging they have read and understand the rules of their stay;
(E) assign an advocate or liaison for clients. This person, or a crisis line staff or volunteer, shall be available for emergencies and support at all times; and
(F) provide at least one 30 minute face-to-face service contact per week with each safe home Safe Home resident.
(b) The program shall establish criteria to screen potential safe home Safe Home providers. Screening will include an application with references, an interview, and a site visit. Each Safe Home will be reassessed annually.
(c) All safe homes Safe Homes must be supervised by the certified program who will conduct on-site observations at least monthly when clients are in residence.
(d) The certified program shall have a written agreement with each safe
home Safe Home provider that outlines specific responsibilities of both the program and the provider to include expectations and limitations (e.g., no babysitting or individual advocacy) and compliance with confidentiality. The agreement shall clearly state that the program will not be held liable for damage incurred by the safe home Safe Home provider. Both parties will sign the agreement.
(e) Compliance with 75:15-2-34 shall be determined by a review of program policy and procedures, client records, on site observation, written agreements, and/or other program documentation.
SUBCHAPTER 5. Client Records and Confidentiality 75:15-5-2. Client records (a) A certified program shall have and maintain a master client index system containing the client's name, and the program's discreet numerical or letter identifier. No identifying information such as initials, age, year of birth or gender shall be part of the client id. That same discreet identifier shall be the client ID that is entered into the OAG data base without further encryption.
(b) A certified program shall have written policy and procedures for correcting errors on record material by lining through, initialing the error, and inserting the correct material either above the error or at the end of the entry. Further, the policy and procedures shall forbid the use of "white-out" or any action which obliterates the error.
(c) Compliance with 75:15-5-2 shall be determined by on-site observation, client records and any other supporting program documentation.
75:15-5-3. Record content - general (a) Client records for both residential and non-residential clients shall contain, at a minimum, the following information:
(1) Intake and screening information:
(A) Client's name;
(B) Date of initial contact/intake;
(C) Pertinent medical information, including substance abuse;
(D) Emergency contact information;
(E) History/nature of abuse including dangerousness assessment and screening for stalking including a description of the event that precipitated the request for services and safety planning;, and
(F) Perpetrator information if known.
(2) Service notes, which shall minimally include:
(A) The date, location, start time, duration and description of services provided delineated by time spent and service code;
(B) The signature of staff or volunteer providing the services;, and
(3) Service plan focusing on victim safety and, well-being which shall minimally include:
(A) Goals and objectives of the client, which shall be developed and agreed upon between the client and staff or volunteer;,and
(B) Service plans and their updates shall be signed and dated by the client and staff or volunteer.
(4) Exit information, which shall minimally include:
(A) Documentation that the client participated in planning for his or her exit from the program;
(B) The reasons for the client's exit or departure; and
(C) Client and staff or volunteer dated signatures or an explanation if staff or the volunteer were unable to obtain the client's signature.
(b) Each client record entry shall be legible, dated, and signed by the staff member or volunteer making the entry.
(c) Compliance with 75:15-5-3 shall be determined by a review of program policy and procedures; review of the client records for content; and/or other supporting program documentation.
75:15-5-3.1. Record content - service specific (a) Client records for specific services shall conform to the following:
(1) Shelter Services:
(A) On a client's entry to the shelter, staff or volunteer shall record the client's name, emergency contact person(s) and any referral for medical or emergency services. This information may be a part of the full intake interview if the full intake is done on entering the shelter. An evidence-based, dangerousness assessment and safety planning shall also be done at this time.
(B) Shelter clients shall have the full intake interview and screening completed within forty-eight (48) hours of entry into the shelter.
(C) Service plans shall be completed within five (5) business days of the shelter client's entry to the shelter.
(D) The service plan shall be reviewed and updated at least every two (2) weeks.
(E) The client's service plan shall include components which address the needs of each child accompanying the client.
(F) The service plan shall include safety issues for client and children.
(G) A daily note.
(2) Crisis Intervention Services:
(A) All face-to-face contacts with active clients are documented and contacts with persons not receiving additional services shall be documented. Documentation shall minimally include the following:
(i) Staff/Volunteer Name and signature;
(ii) Date, time, length, and location of intervention;
(iii) Client's name, age, race, county of residence, and contact number if given.
(iv) Protective order information if applicable;
(v) Personnel involved such as police, hospital, etc.;
(vi) Summary of contact including visible injuries, treatment and services requested;
(vii) Outcome;
(B) All telephone contacts shall be documented. Documentation shall minimally include the following:
(i) Staff/Volunteer name;
(ii) Date, time and length of call;
(iii) Caller's name and contact number, if given; However, no caller shall be required to give a name, phone number or any other identifying information as a condition to receive information or domestic violence, sexual assault or stalking services;
(iv) Summary of the call including services needed;
(v) Outcome; and
(vi) Follow-up services offered if victim safety is not compromised.
(C) Contact information is kept by the crisis intervention program.
(D) Clients to be transported to shelter facilities shall be screened before the shelter referral is made. If the client is in immediate danger, or no safe housing is available, this screening may be initially waived. If the screening is waived, documentation shall reflect the reason(s) and the notification of such to the shelter.
(3) Counseling, Support and Advocacy Services:
(A) An assessment of the client's needs shall be completed by the third (3rd) counseling or advocacy session.
(B) A service plan shall be completed by the fifth (5th) advocacy or counseling session.
(C) A service plan review and update shall be completed at least every six (6) months.
(4) Sexual Assault Services:
(A) For victims who continue in support or counseling sessions, a service plan shall be developed by the fifth (5th) visit.
(B) Service plans shall be reviewed and updated at least every ninety (90) days.
(5) Transitional
Living Services:
(A) A service plan shall be developed within five (5) business days of the client moving in.
(B) The service plan shall be reviewed and updated at least every ninety (90) days.
(6) Safe home Home Services
(A) A service plan that includes goals agreed upon by the client and sponsoring family shall be developed within five (5) business days of the client moving in. On a client's entry to the safe home Safe Home, the safe home provider shall record the client's name, emergency contact information, and pertinent medical information.
(B) Safe Home clients shall receive a full intake interview and screening by program staff or volunteer within twenty-four (24) hours of admission or by the first business day following admission.
(C) A service plan shall be developed within five (5) business days of the client's entry to the safe home Safe Home.
(D) All records regarding the client shall be retained in the client's record at the sponsoring program.
(b) Where required information is not obtained, efforts to comply with the requirements of this subsection shall be documented in the client record.
(c) Compliance with this 75:15-5-3.1 shall be determined by a review of client records, policy and procedures, call logs, and/or other supporting documentation.
75:15-5-6. Client record, handling, retention, and disposal (a) A program shall have written policy and procedures addressing the storage, retention period, and method of disposal of client records. This policy and procedures shall be compatible with protecting clients' rights against unauthorized confidential information disclosures.
(b) Client records shall be easily retrieved by staff or volunteer as needed for providing and documenting services.
(c) Compliance with 75:15-5-6 shall be determined by a review of the program's policy and procedures, and a review of office and
files.
SUBCHAPTER 7. Physical Environments 75:15-7-1. Physical plant, primary role (a) The primary role of programs is to provide safety; and to protect the confidentiality and privacy of victims of domestic violence, sexual assault, stalking and their dependent family members. The physical plants of programs shall not be utilized in any manner which fails to guarantee the confidentiality, safety, and protection of the victims, their dependents and staff or volunteers.
(b) Facilities that serve both victims and batterers in the same facility shall have written procedures to ensure that its services do not jeopardize the safety and psychological well being of victims.
(c) Programs shall obtain written permission from the Office of the Attorney General Victims Services Unit before using any shelter or housing option, for purposes other than housing for victims of DV/SA.
(d) Compliance with 75:15-7-1 shall be determined by a review of program policies and procedures and a tour of the facility.
75:15-7-3. Fire fighting and first aid equipment (a) All facilities shall have a first aid supply kit and annually maintained fire extinguishers.
(b) Compliance with 75:15-7-3 shall be determined by on-site observation and by interviewing staff or volunteers.
75:15-7-4. Disaster procedures (a) There shall be written procedures describing the emergency plans in case of a disaster, whether internal or external, or in case of threat to the safety of any client, or staff or volunteer person. Evacuation routes, inside sheltering sites, and fire extinguisher locations shall be posted.
(b) Fire, tornado, bomb threat and intruder drills shall be conducted annually. The date, time, and type of the drill shall be documented.
(c) Compliance with 75:15-7-4 shall be determined by on-site
observation, a review of written procedures, staff or volunteer interviews, and documentation of drills.
75:15-7-6. Program environment (a) The program environment shall meet the following conditions:
(1) The facility shall be accessible by an all-weather road.
(2) The facility shall have adequate space in which to carry out the program's goals and objectives, including outdoor areas and equipment when appropriate.
(3) The facility shall have heating and air conditioning equipment adequate to maintain the temperature in areas utilized by clients at between 65oF and 85oF.
(4) The facility shall have adequate ventilation and air circulation provided in the facility to assure an environment that will be comfortable for the clients.
(5) The facility shall have water from an approved tested potable source.
(6) The facility shall have, at minimum, a commode and, lavatory facility. The privacy of individuals shall be assured while using these facilities.
(7) All doors, including those for each closet, bedroom, bathroom, and office, shall be easily opened from both sides.
(8) Smoking shall not be allowed in any indoor portion of any facility.
(9) Facility sanitation shall be maintained to prevent offensive odors and insect infestation.
(10) All facilities shall have emergency back up lighting.
(11) Telephones shall be provided for the convenience of the staff or volunteers, and the necessary accommodation of the clients. Pay telephones only are not acceptable.
(12) There shall be written policy and procedures addressing the use of any outdoor recreational space, including required supervision and the safety of pre-schoolers.
(13) Toxic materials and dangerous substances, such as toxic cleaners, insecticides, and matches shall be stored in a non-client area, locked space where they are not accessible to children.
(14) Combustible materials shall be stored in locked non-flammable containers.
(15) The Poison Control Center's toll-free telephone number shall be posted and visible to staff, volunteers and clients at all times.
(b) Compliance with 75:15-7-6 shall be determined by a review of program policy and procedures, staff, volunteer and client interviews, and on-site observation.
75:15-7-7. Program environment, shelter services programs (a) All certified shelter services programs shall comply with section 75:15-7-6 and the following:
(1) Baby beds and high chairs that ensure children's safety and comfort shall be available for infants and small children.
(2) The facility shall have access to outdoor recreational space and playground equipment located, installed, and maintained as to ensure the safety of the clients and their children. The grounds and access thereto shall be maintained in a manner that shall ensure the area is free of any hazard to health or safety.
(3) Safe and adequate internal play space for children, including outlet protectors and gated stairwells.
(4) Kitchens used for meal preparation in the residential facility shall be provided with the necessary equipment for the preparation, storage, serving, and clean-up of all meals. All equipment shall be maintained in working order.
(5) Provisions shall be made to assist or make food available for meal preparation that accommodates special diets.
(6) The facility shall have, at minimum, a commode, lavatory, and bathing facility at a ratio of one (1) to twelve (12) residents, including infants and children. The privacy of individuals or families shall be assured while using these facilities.
(7) Residents' rooms shall be so arranged that the client has direct access to a hallway or common area without having to pass through other resident's rooms or areas.
(8) There shall be written policy and procedures for laundry and linens, addressing frequency of changing linens, and laundry arrangements within the facility.
(9) Laundry equipment shall be provided within the residential facility, and shall be kept clean, well-maintained, and properly ventilated.
(10) Reasonable space shall be provided for storage of clients' personal belongings.
(11) Written policy and procedures shall address secure storage of client valuables.
(12) Written policy and procedures shall address the secure handling and storage of client medications, including policy to document client access to medication.
(13) The facility shall be secured by double locks or locking devices such as chains, bolts, etc. on ground floor doors. However, documentation that the locking system meets state and local fire code inspection shall be accepted. When key-locked deadbolts are used, the location of the keys must be identified and readily accessible.
(14) All outdoor openings such as windows shall be covered for privacy.
(15) Provision shall be made for cleaning the facility minimally once per week. A written work schedule or other form of notification shall be posted, which clearly delineates each individual's responsibility for various tasks.
(b) Compliance with 75:15-7-7 shall be determined by a review of program policy and procedures; shelter rules, staff, volunteer and client interviews where appropriate, and on-site observation.
75:15-7-8. Program environment, safe home Safe Home services program (a) All safe home Safe Home services programs shall comply with section 75:15-7-6 (a) (1)-(11) and the following:
(1) The facility shall have, at minimum, a commode, lavatory, and bathing facility at a ratio of one (1) for every eight (8) persons, including infants and children. The privacy of individuals or families shall be assured while using these facilities.
(2) Written policy and procedures shall address the secure handling and storage of client medications, including policy to document client access to medication.
(3) The safe home Safe Home shall be secured by double locks or locking devices such as chains, bolts, etc. on ground floor doors which meets state and local fire code inspection. When key-locked deadbolts are used, the location of the keys must be identified and readily accessible.
(4) All outdoor openings such as windows shall be covered for privacy.
(b) Compliance with 75:15-7-8 shall be determined by a review of program policy and procedures, provider and client interviews where appropriate, and on-site observation.
SUBCHAPTER 9. Program Management and Performance Improvement 75:15-9-2. Program management, policy and procedures (a) The agency shall maintain written policy and procedures which describe each program service component, the rules client's are expected to follow for each component, and staff or volunteer duties. Policies shall include but are not limited to:
(1) Physical punishment of children shall not be allowed.
(2) Length of stay limitations, if any.
(3) Participation in housekeeping, food preparation or other activities, if applicable.
(b) Clients shall be given a copy of program rules and the provision of such shall be documented in the client record.
(c) The program shall have a written policy of the intent to comply with the Americans with Disabilities Act of 1990.
(d) Compliance with 75:15-9-2 shall be determined by a review of the program's written policy and procedures; rules; client interviews and record documentation.
75:15-9-7. Program mission and goals (a) The program shall have a written mission statement, and annually state in writing the program's goals.
(b) The annual program goals shall be approved by the agency's governing body each year, and shall be disseminated to personnel staff and volunteers.
(c) Compliance with 75:15-9-7 shall be determined by a review of the mission statement, program's annual goals, governing body minutes, staff meeting minutes and any other relevant documentation provided by the program.
75:15-9-8. Annual program evaluation (a) The agency shall conduct an annual evaluation of the program's services, facilities
and policy and procedures. This evaluation shall be carried out according to a written plan established in policy and procedures to include the plan of evaluation, data to be reviewed, and the persons to conduct the
evaluation, e.g., governing body members, staff, volunteers or other persons. The evaluation shall include an assessment to identify special populations of victims of sexual assault, domestic violence and stalking who are underserved or who have special needs.
(b) Upon completion, this evaluation shall be submitted and reviewed by the governing body, and made available to personnelstaff and volunteers.
(c) Compliance with 75:15-9-8 shall be determined by a review of the program evaluation, policy and procedures, staff meeting minutes and/or any other supporting documentation.
75:15-9-9. Critical incidents (a) The program shall have policy and procedures requiring documentation and reporting of critical incidents.
(b) Each critical incident shall be recorded and monitored as follows:
(1) agency name and name and signature of the person(s) reporting the critical incident;
(2) Client ID(s), staff member(s) volunteers, and/or property, involved in the critical incident;
(3) the date, time and physical location of the critical incident, if known, and the name of the staff person or volunteer the incident was reported to;
(4) a description of the incident;
(5) severity of each injury, if applicable. Severity shall be indicated as follows:
(A) no off-site medical care required or first aid care administered on-site;
(B) medical care by a physician or nurse or follow-up attention required; or
(C) hospitalization or immediate off-site medical attention was required;
(6) resolution or action taken, date action taken and signature of the agency director or authorized designee;
(c) Critical incidents that shall be reported to the Office of the Attorney General are reported as follows:
(1) Critical incidents requiring medical care by a physician or nurse or follow-up attention and incidents requiring hospitalization or immediate off-site medical attention shall be delivered via fax or mail including electronic mail to the Office of the Attorney General Victims Services Unit within forty-eight (48) hours, or if the incident occurs on a weekend or holiday, the next business day of the incident being documented.
(2) Critical incidents involving disaster at a facility, death or client abuse shall be reported to the Safeline at 1-800-522-7233 immediately via telephone. The notification shall be followed with a written report from the reporting agency within twenty-four (24) hours of the incident and delivered via fax or mail including electronic mail to the Office of the Attorney General Victims Services Unit.
(d) Compliance with 75:15-9-9 shall be determined by a review of policy and procedures, critical incident reports at the program and those submitted to the Office of the Attorney General Victims Services Unit.
SUBCHAPTER 13. Personnel and Volunteers 75:15-13-1. Personnel policies and procedures (a) The program shall have written policies and procedures governing the conditions of agency employment to include appropriate screening and background inquiries to ensure client safety and confidentiality.
(b) The agency's policy and procedures shall be accessible to all personnel and each shall be informed of personnel policies and procedures, and any other materials regulating or governing the conditions of their employment.
(c) Written policies and procedures shall ensure personnel are informed of any changes to these a fore stated materials.
(d) Compliance with 75:15-13-1 shall be determined by a review of the program's personnel policies and procedures, interviews with staff and volunteers, review of staff meeting minutes and/or other supporting documentation.
75:15-13-3. Non-discrimination (a) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with personnel in accordance with applicable state and federal laws.
(b) Compliance with 75:15-13-3 shall be determined by a review of the program's written policy and procedure, and staff or volunteer interviews.
75:15-13-8. Personnel records (a) The agency shall maintain record(s) for each staff member or volunteer selected and utilized; documentation shall minimally include:
(1) job description;
(2) employment application or resume;
(3) documentation of current qualifications and training as required and defined in the job description;
(4) duty or work assignment;
(5) record of hours worked or hours of service performed;
(6) record of participation in training;
(7) staff or volunteer performance evaluation(s);, and
(8) emergency notification information.
(b) Compliance with 75:15-13-8 shall be determined by a review of personnel records.
75:15-13-10. Performance evaluation of personnel (a) The agency shall have policies and procedures mandating the evaluation of personnel employment and service performance. These policies and procedures shall minimally include:
(1) performance evaluations shall be completed at least annually, to include an evaluation of the executive director;
(2) define the reason(s) for any evaluation other than annual;
(3) performance evaluations shall be in writing and based on the staff's or volunteer's job description;
(4) each evaluation shall be individually discussed with the staff or volunteer;, and
(5) personnel shall have a documented opportunity to respond, in writing, to each of their individual performance evaluations;
(6) both staff or volunteer and supervisor shall sign and date the performance evaluation. However, the evaluation document shall state the staff's or volunteer's signature does not necessarily constitute agreement with the evaluation content.
(b) Compliance with 75:15-13-10 shall be determined by a review of:
(1) program policies and procedures, governing authority meeting minutes where applicable, and
(2) review of personnel files.
75:15-13-20.1. Orientation - general, personnel and volunteers (a) A certified program shall provide a minimum of 16 hours orientation training that incorporates the use of adult learning techniques (i.e., scenarios, role playing)to familiarize new personnel and volunteers providing direct services with the program which includes, but is not limited to:
(1) Program goals and services of each service component;
(2) Program policy and procedures;
(3) Confidentiality, to include verbal confidentiality whether inside or outside the facility and client records;
(4) Facility safety and disaster plans;
(5) First aid kits and fire extinguishers, their location, contents and use;
(6) Universal precautions;
(7) Client rights;
(8) Domestic violence and its effects on victims and children;
(9) The cycle of domestic violence;
(10) Power and control tactics of abuse;
(11) Crisis intervention techniques;
(12) Sexual assault;
(13) Stalking;
(14) Victim advocacy;
(15) Parenting and disciplinary techniques;
(16) Active and empathetic listening techniques including hotline skills;
(17) Accessing resources needed by victims and their families including how to ensure services and access resources for persons with special needs including cognitive disabilities or who are deaf or hard of hearing, non-English speaking persons, or undocumented immigrants to include basic information on U visas and T visas;
(18) Safety planning for adults and age appropriate safety planning for children;
(19) Basic child development;
(20) Legal and ethical issues;
(21) Cultural Sensitivity, and
(22) Effects of trauma including post traumatic stress disorder.
(b) Volunteers providing indirect services and children's activities are required to complete orientation as prescribed by the Executive Director which shall include training on confidentiality and facility safety and disaster plans.
(c) Orientation for personnel must take place within 30 days of employment or prior to unsupervised direct client contact and services. Volunteer orientation must occur within 6 months or prior to unsupervised, direct client contact and services. The Executive Director of a facility may waive orientation training if documented that the staff or volunteer has completed the requisite program training within the past year.
(d) Compliance with 75:15-13-20.1 shall be determined by a review of the written policies and procedures, and personnel and
volunteer training manuals and records.
75:15-13-24. Personnel training, children's services (a) Prior to providing any direct services, children's services personnel shall receive the prescribed orientation training and minimally have one (1) year employment or volunteer experience in a child care or service related field, or an equivalent combination of education, training and experience in child care or development issues.
(b) Compliance with 75:15-15-24 75:15-13-24 shall be determined by:
(1) Review of program's policy and procedures.
(2) Review of program's training records and other provided documentation of staff or volunteer training.
(3) Review of personnel or volunteer records.
75:15-13-25. Personnel training, sexual assault services (a) Prior to providing any direct services or CLEET training, all sexual assault services staff or volunteers shall receive a minimum of six(6)hours classroom training in addition to basic orientation which shall include but not be limited to:
(1) Sexual abuse within the family (i.e., incest, sibling abuse, marital and domestic relationship rapes).
(2) Sexual assault outside the family (i.e., stranger, non-stranger, abuse by professionals, sexual harassment and bullying)
(3) Sexual assault within institutions (i.e., nursing homes, residential facilities, prisons, military)
(4) Commercial sexual exploitation (i.e., prostitution, trafficking, pornography, escort services)
(5) Non-traditional client populations (i.e., males, victims of same sex, bisexual or transgender, non-English speaking, undocumented immigrants, victims with cognitive disabilities or who are deaf or hard of hearing.
(6) Other
topics to increase skills such as post-traumatic stress syndrome as it relates to rape trauma, rape trauma syndrome, self-injury and alcohol and drug use.
(b) Compliance with 75:15-13-25 shall be determined by:
(1) Review of program's policy and procedures.
(2) Review of program's training records and other provided documentation of staff or volunteer training.
(3) Review of personnel or volunteer records.
75:15-13-26. Personnel training, transitional living services (a) Prior to providing any direct services, all transitional living services personnel shall receive the prescribed orientation training and minimally have at least six (6) months experience working or volunteer experience in a certified domestic violence/sexual assault program, or related service. When there is are staffing shortage situations, a staff person-in-training or volunteer may be utilized if under the direct supervision of a trained, experienced staff person or volunteer.
(b) Compliance with 75:15-13-26 shall be determined by:
(1) Review of program's policy and procedures.
(2) Review of program's training records and other provided documentation of staff or volunteer training.
(3) Review of personnel records.
75:15-13-27. Provider training, safe home Safe Home services (a) Prior to providing any direct services, all safe home Safe Home providers shall minimally receive ten (10) training hours provided by a staff member or volunteer of a DV/SA program certified to provide safe home Safe Home services, which shall minimally include:
(1) the nature and scope of domestic violence and sexual assault including its effects on victims and children;
(2) societal attitudes toward domestic violence and sexual assault;
(3) orientation in the services, structure, philosophy and history of the sponsoring agency;
(4) safety planning and disaster plans;
(5) first aid kit and fire extinguisher use;
(6) confidentiality, to include verbal confidentiality whether inside or outside the home;
(7) client rights; and
(8) universal precautions.
(b) The program shall have policy and procedures mandating a minimum of four (4) hours annual training for safe home Safe Home providers.
(c) Compliance with 75:15-13-27 shall be determined by:
(1) Review of program's policy and procedures.
(2) Review of program's training records.
75:15-13-29. Personnel training, Court Advocates (a) Prior to providing services, Court Advocates shall receive the prescribed orientation training, and training in the following:
(1) protective orders (i.e., the requirements for obtaining an ex parte emergency protective order and permanent protective order and an understanding of what happens after a protective order is issued);
(2) full faith and credit;
(3) the court process including safety planning during this time; and,
(4) at least three (3) hours of accompanied court time with a trained court advocate that includes observation of an ex parte emergency protective order hearing and a final protective order hearing.
(b) Compliance with 75:15-13-29 shall be determined by:
(1) Review of program's policy and procedures.
(2) Review of program's training records and other provided documentation of staff or volunteer training.
(3) Review of personnel records.
SUBCHAPTER 15. Governing Authority 75:15-15-1. Governing authority (a) The agency shall have a governing authority. In the instance of Native American programs, the tribal council may be the governing body.
(b) The governing authority shall establish, and function under, written by-laws. These bylaws shall minimally include:
(1) Designation of regular quarterly meetings to be held in accordance with the Open Meeting Act;
(2) Recording and retention of written minutes;
(3) Eligibility criteria, selection, terms, responsibilities, power and duties of members;
(4) Term limitations, removal and filling of vacancies;
(5) Attendance policy;
(6) Prohibition on staff serving as voting members of the governing authority, and;
(7) Establishment of a quorum, and
(8) Conflict of interest agreement.
(c) Compliance with 75:15-15-1 shall be determined by:
(1) Documents of incorporation or registration as a business entity or documentation from the appropriate Tribal Council.
(2) Review of the written by-laws.
(3) Review of the governing authority's minutes.
75:15-15-5. Governing authority, orientation (a) A certified program shall provide a minimum of 2 hours orientation training to members of the governing authority which includes, but is not limited to:
(1) Program goals and services of each service component;
(2) Program policy and procedures;
(3) Underlying philosophy [OAC 75:15-1-1.1];
(4) Confidentiality, to include verbal confidentiality whether inside or outside of the facility and client records;
(5) Client rights and grievance procedure;
(6) Legal and ethical issues;
(7) Overview of domestic violence, sexual assault & stalking;
(8) Open Meeting Act and recording of meeting minutes;
(9) Open Records Act;
(10) Rules, including standards and criteria to ensure multi-cultural needs of clients are met, used in certifying programs;
(11) Role and responsibility of the executive director; and
(12) Role and responsibility of the governing authority.
(b) Orientation training shall take place within 90 days of election to the governing authority.
(c) Members of the governing authority providing volunteer direct or indirect services to clients shall receive the prescribed orientation and training required for program personnel in addition to the orientation set forth in this Section.
(d) Compliance with 75:15-15-5 shall be determined by a review of written policy and procedures, training materials, training records,
and minutes of meetings.
SUBCHAPTER 17. Client Rights, Domestic Violence, Sexual Assault Programs and Shelters 75:15-17-3. Client rights (a) Each client shall have and enjoy all constitutional and statutory rights of all citizens of the State of Oklahoma and the United States, unless abridged through due process of law by a court of competent jurisdiction. Each program shall ensure each client has the rights which are listed below:
(1) Each client has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity.
(2) Each client has the right to a safe, sanitary, and humane living environment.
(3) Each client has the right to a humane psychological environment protecting him or her from harm, abuse, and neglect.
(4) Each client has the right to an environment which provides reasonable privacy, promotes personal dignity, and provides opportunity for the client to improve her or his functioning.
(5) Each client has the right to receive services suited to her or his needs without regard to his or her race, religion, sex, ethnic origin, age, degree of disability, handicapping condition, legal status, or ability to pay for the services.
(6) Each client, on admission, has the absolute right to communicate with a relative, friend, clergy, or attorney, by telephone or mail, at the expense of the program if the client is indigent.
(7) Each client shall have and retain the right to confidential communication with an attorney, personal physician, or clergy.
(8) Each client has the right to uncensored, private communications including, but not limited to, letters and telephone calls. Copies of any personal letter, sent or received, by a client shall not be kept in her or his client record without the written consent of the client.
(9) No client shall be neglected or sexually, physically, verbally, or otherwise abused.
(10) Each client shall have the right to practice his or her own religious beliefs, and be afforded the opportunity for religious worship that does not infringe on the health or safety of others. No client shall be coerced into engaging in, or refraining from, any personal religious activity, practice, or belief.
(11) Each client has the right to be provided with prompt, competent, appropriate services and an individualized service plan.
(A) The client shall be afforded the opportunity to participate in her or his service plan.
(B) The client may consent, or refuse to consent, to the proposed services.
(12) The records of each client shall be treated as confidential.
(13) Each client has the right to refuse to participate in any research project or medical experiment without informed consent of the client, as defined by law. A refusal to participate shall not affect the services available to the client.
(14) Each client has the right to assert grievances with respect to any alleged infringement of these stated rights of clients, or any other subsequently statutorily granted rights.
(15) No client shall ever be retaliated against, or subject to, any adverse conditions or services solely or partially because of having asserted her or his rights as stated in this section.
(16) Each client has the right to review his or her own records, or authorize his or her attorney or others to do so. However, where the program is providing the treatment of a mental health or substance abuse illness, the provisions of 43A O.S. § 1-109 and 42 CFR then apply. Each client also has the right that all information and records regarding him or her shall be treated as confidential.
(17) Each client has the right to know why services are refused and can expect an explanation concerning the reason he or she was refused certain services.
(b) Each client shall be given a copy of these rights and the provision of such shall be documented in the client record.
(c) Programs shall have written policy and procedures to ensure each client enjoys, and has explained to him or her, these rights; and these rights are visibly posted in client areas of the facility.
(d) The OAG, in any investigation or program monitoring regarding client rights, shall have unimpeded access to clients, program records and program staff or volunteers.
75:15-17-4. Client grievance policy and procedures (a) Each program shall have a written client grievance policy providing for, but not limited to, the following:
(1) Written notice of the grievance and appeal procedure provided to the client; and, if involved with the client, to family members or significant others;
(2) Time frames for the grievance policy's procedures, which allow for an expedient resolution of client grievances;
(A) Transitional living, shelter services, and safe home Safe Home timeframes for resolution of grievances by program staff or volunteers shall be seven (7) days unless appealed;
(B) Non-transitional living and non-shelter services' timeframes for resolution of grievances by program staff or volunteers shall be fourteen (14) days unless appealed;
(3) Name(s) of the individual(s) who are responsible for coordinating the grievance policy and the individual responsible for or authority to make decision(s) for resolution of the grievance and the individual responsible for or authorized to make decisions for resolution of grievance. In the instance where the decision maker is the subject of a grievance, decision-making authority shall be delegated;
(4) Provide for notice to the client that he or she has a right to make a complaint to the OAG Victims Services Unit.
(5) Clients shall be given a copy of the grievance policy including the right to make a complaint to the OAG and the provision of such shall be documented in the client record;
(6) Mechanism to monitor the grievance process and improve performance based on outcomes; and
(7) Annual review of the grievance policy and procedures, with revisions as needed.
[OAR Docket #11-829; filed 6-2-11]
TITLE 75. Attorney General CHAPTER 20. Address Confidentiality Program PERMANENT final adoption
75:20-1-2 [AMENDED]
75:20-1-5 [AMENDED]
75:20-1-6 [AMENDED]
75:20-1-9 [AMENDED]
75:20-1-10 [AMENDED]
75:20-1-11 [AMENDED]
75:20-1-13 [AMENDED]
75:20-1-15 [AMENDED]
Office of the Attorney General; Title 22 O.S. § 60.14
Comment Period:
February 25, 2011 through March 23, 2011
Public Hearing:
March 23, 2011
Adoption:
March 23, 2011
Submitted to Governor:
March 31, 2011
Submitted to House:
March 31, 2011
Submitted to Senate:
March 31, 2011
Gubernatorial Approval:
May 12, 2011
Legislative Approval:
May 27, 2011
Final Adoption:
Failure of the Legislature to approve the rules resulted in approval on May 27, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
The Attorney General is required to adopt and promulgate rules for the management of the Address Confidentiality Program. These rules set forth the requirements which are necessary to meet the responsibilities of oversight, management, evaluation, improvement and participation in the program. The proposed amendments define and clarify duties performed by the Address Confidentiality Program Manager and ensure inclusion of federal and tribal agencies as eligible to participate in the program per the statute. Additional amendments include clarification of a designated agency where potential participants may enroll. Finally, an incorrect statutory citation was amended.
Susan Damron Krug (405) 522-0042
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING PERMANENT RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: The following words and terms, when used in this Chapter, shall have the following meaning, unless context clearly indicates otherwise.
"ACP" means Address Confidentiality Program.
"Address Confidentiality Program" means the statutorily created program responsible for implementing the provisions of 22 O.S., Sections §§ 60.14 et. seq. within the Office of the Oklahoma Attorney General.
"Application Assistant" means a representative of a designated agency who is a domestic violence and/or sexual assault advocate that has been trained and registered by the Office of the Oklahoma Attorney General to assist individuals in the application process.
"Authorization Card" means the card issued by the Attorney General Program Manager to a program participant upon certification identifying them as a program participant.
"Authorization Number" means a number assigned to a program participant by the Attorney General Program Manager upon certification.
"Certification" means the process by which an applicant is determined eligible to participate in the program.
"Designated Agency" means a state or local agency, federal government, a federally recognized tribal government agency, or a nonprofit agency that provides counseling, shelter, or other services to victims of domestic abuse, sexual assault, or stalking that has been designated by the Attorney General as a place where persons apply to be program participants.
"Minor" means a person who is less than eighteen (18) years of age.
"Program Manager" means the employee of the Victims Services Unit of the Office of the Attorney General designated by the Attorney General to administer the Address Confidentiality Program.
"Record" means a public record as defined in 51 O.S., Section§ 24A.3.
"Substitute Mailing Address" means the address assigned to a program participant by the Attorney General.
75:20-1-5. Criteria for program participation To participate in the Address Confidentiality Program, an individual must meet the following criteria:
(1) A person attempting to escape from actual or threatened domestic violence, sexual assault or stalking or a person residing with another person who is attempting to escape from actual or threatened domestic violence, sexual assault or stalking;
(2) Fears for his or her safety and/or the safety of other family members;
(3) Recently established a residence address in Oklahoma unknown to the abuser or is planning to move in the near future; , and
(4) Is eighteen (18) years of age or older or a parent or guardian acting on behalf of a minor or incapacitated person.
75:20-1-6. Applying for participation (a) Any person meeting the criteria to be a program
participant who wishes to apply to the Address Confidentiality Program shall complete the required application. The application consists of an Address Confidentiality Program Application, Checklist for Application, and Authorization Card Form.
(b) Forms shall be obtained from an Application Assistant at selected state or local agencies, federally recognized tribes, or nonprofit agencies that have been designated by the Attorney General a designated agency to assist persons in the application process.
(c) The completed and signed application documents shall be filed with the ACP.
(d) Any assistance and counseling rendered by the Office of the Attorney General or its designees to applicants shall in no way be construed as legal advice. [22 O.S., § 60.14(H)]
75:20-1-9. Certification withdrawal and cancellation (a) A program participant may withdraw from participating in the program by submitting to the ACP written notice of withdrawal and his or her current authorization card. The withdrawal will be effective on the day of receipt of the notification by the ACP.
(b) The Attorney General Program Manager shall cancel a program participant's certification and invalidate his or her authorization card if:
(1) A program participant's certification term has expired and a renewal application had not been filed.
(2) A program participant knowingly provided false or incorrect information when applying for certification.
(3) A program participant obtains a name change.
(c) The Attorney General Program Manager may cancel a program participant's certification for any of the following reasons:
(1) The program participant no longer resides at the residential address listed on the application and has not provided written notice after the change in address has occurred.
(2) Mail forwarded to the participant is returned nondeliverable or unclaimed.
(d) The ACP shall attempt to send written notification of the cancellation to the participant at the last known mailing or residential address.
75:20-1-10. Use of the substitute address (a) The substitute address serves as the participant's residential, school and work address.
(b) When creating state and local government or tribal records or updating existing records, a program participant shall show his or her authorization card to the agency and request address confidentiality through the use of the substitute address as it appears on the authorization card, in lieu of his or her actual address.
(c) The agency employee assisting the program participant may make a file photocopy of the authorization card.
(d) The agency shall accept the substitute address unless the agency has received a written exemption from the Attorney General. See 655:30-1-14 OAC 75:20-1-14.
(e) The agency shall not question the program participant about the details or circumstances of his or her inclusion in the program.
(f) All mail addressed to the participant at the substitute address shall include the authorization number appearing on the participant's authorization card.
(g) Mail received at the substitute address will be forwarded by the Program Manager at no charge to the participant at his or her actual mailing address with the exception of magazines, books, periodicals, packages, and junk mail.
(h) Delivery of a participant's mail may be delayed as much as three (3) to five (5) days. It is important to remember this fact when sending time sensitive documents to a participant.
(i) The Attorney General shall not be required to track or otherwise maintain records of any mail received on behalf of a participant unless the mail is certified or registered mail.
75:20-1-11. Public schools (a) At the time of enrollment, students participating in the Address Confidentiality Program shall go to the school's administrative office for assistance and present his or her authorization card.
(b) The school shall contact the Program Director Manager and request verification of enrollment eligibility.
(c) Eligibility for enrollment will be determined using the residential address shown in the participant's records.
(d) The ACP will notify the school of its findings both verbally and in writing.
(e) If questions are raised regarding the student's eligibility, the Program Director Manager will work directly with the school superintendent or his or her designee to resolve the matter.
(f) All school correspondence mailed to the student and/or the student's parent shall be sent to the substitute address.
(g) Requests for the transfer of a student's records from one school to another shall be handled by the Program Director upon written authorization from the parent or legal guardian.
75:20-1-13. Service of process (a) The Office of the Attorney General is designated as agent for service of process and receipt of mail for all program participants.
(b) Service on the Attorney General of any summons, writ, notice, demand or process can be made by mailing to the substitute address or by delivering in person to the Office of the Attorney General 313 NE 21st Street, Oklahoma City, OK.
(c) When a summons, writ, notice, demand or process is served on the Attorney General, the ACP Program Manager shall immediately forward a copy to the program participant by first-class mail at the participant's current mailing address shown on the ACP records.
(d) The ACP Program Manager shall maintain in the program participant's file, a record of all summonses, writs, notices, demands and processes served upon the Attorney General for that participant, which shall include the date of such service and the action taken.
75:20-1-15. Disclosure of records (a) The Attorney General shall not make any records in a program participant's files available for inspection or copying unless directed by a court order to the person identified in the order. [22 O.S., § 60.14(G)] The participant information disclosed to a person identified in a court order shall be maintained in strict confidentiality by the party receiving the information.
(b) The Attorney General may verify the participation of a specific program participant to state or , local, federal or tribal government agencies in which case the Attorney General may only confirm information supplied in writing as prescribed by tothe Attorney General by the requestor. State or local agencies are prohibited from knowingly and intentionally disclosing a program participant's actual address unless disclosure is permitted by law.
(c) The substitute address assigned to a program participant is not confidential.
(d) The Attorney General Program Manager shall provide immediate notification of disclosure to a program participant when disclosure takes place if not otherwise prohibited by law.
[OAR Docket #11-830; filed 6-2-11]
TITLE 75. Attorney General CHAPTER 25. Standards and Criteria for Batterers Intervention Programs PERMANENT final adoption
Subchapter 1. General Provisions
75:25-1-1. Purpose [AMENDED]
75:25-1-2. Mission and underlying philosophy [AMENDED]
75:25-1-3. Definitions [AMENDED]
75:25-1-5. Annual review of standards and criteria [AMENDED]
Subchapter 3. Batterers Intervention
75:25-3-1. Batterers intervention program [AMENDED]
75:25-3-2. Victim safety and confidentiality [AMENDED]
75:25-3-3. Client records [AMENDED]
75:25-3-4. Record content [AMENDED]
75:25-3-14. Critical incidents [AMENDED]
Subchapter 5. Personnel and Volunteers
Part 5. Training
75:25-5-19. Orientation - general, personnel and volunteers [AMENDED]
75:25-5-20. Inservice and ongoing training for personnel and volunteers [AMENDED]
75:25-5-21. Personnel training, batterers intervention services [AMENDED]
Office of Attorney General, 74 O.S. § 18p-6
Comment Period:
February 15, 2011 through March 23, 2011
Public Hearing:
March 23, 2011
Adoption:
March 23, 2011
Submitted to Governor:
March 31, 2011
Submitted to House:
March 31, 2011
Submitted to Senate:
March 31, 2010
Gubernatorial Approval:
May 12, 2011
Legislative Approval:
Failure of the Legislature to approve the rules resulted in approval on May 27, 2011
Final Adoption:
May 27, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
The Attorney General is required to adopt and promulgate rules and standards for certification of batterers intervention programs in this state. These rules set forth the requirements which are necessary to provide services pursuant to 74 O.S. § 18p-1 et seq. The proposed amendments expand the definition of a client record to include all communication and eliminate redundancies and inappropriate references that were not revoked when batterers intervention standards were moved from Chapter 15 to Chapter 25. Additional proposed changes clarify victim-centered safety planning with the batterer and set a deadline for completion of the plan, add accommodation for programs that keep electronic files as well as update training requirements for program facilitators. The requirements for written releases, victim notification and batterers assessments have been reorganized to reflect the order in which services are provided without substantive amendments. It was also clarified that an excused absence from a court-ordered batterers intervention program shall not include inability to pay.
Susan Damron Krug (405) 522-0042
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING PERMANENT RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 1. General Provisions The purpose of this chapter is to set forth the standards and criteria governing services provided by Certified certified batterers intervention programs. The rules regarding factors relating to the certification processes including, but not necessarily limited to, applications, fees, requirements for and administrative sanctions, are found in OAC Title 75, Chapter 1.
75:25-1-2. Mission and underlying philosophy (a) The mission of the standards and criteria for batterers intervention programs is to eliminate domestic violence, sexual assault and stalking in the State of Oklahoma.
(b) The philosophy underlying the standards and criteria for domestic violence, and sexual assault, and batterers intervention programs, including programs that serve victims of sex trafficking and stalking, is that:
(1) All persons have the right to live without fear, abuse, oppression and violence;
(2) There should be equality in relationships,
and survivors of domestic violence, sexual assault and stalking should be helped to assume power over their own lives;
(3) No one deserves to be victimized by assaultive or abusive behavior;
(4) Survivors should be treated with dignity and respect;
(5) All people involved in violent crimes are affected, including victims, children, families, partners, friends, the community, and perpetrators;
(6) Offending is a choice, and perpetrators of domestic violence, sexual assault, sex trafficking and stalking are solely responsible for their behavior;
(7) These perpetrators must be held accountable for their behavior;
(8) A coordinated community response is the best approach to eliminating domestic violence, sexual assault, sex trafficking and stalking in Oklahoma, and
(9) Safety for the victims/survivors and their dependants is the primary focus of intervention and services.
The following words or terms, when used in this chapter, shall have the defined meaning, unless the context clearly indicates otherwise:
"Admission" means to accept a client for services or treatment.
"Advocate" means a person, providing support to ensure clients receive appropriate services.
"Assessment" means an appropriate course of assistance based on a face-to-face formal screening.
"Batterer" means a person, male or female, who perpetrates domestic violence, stalking or other harassment against present or past intimate partners, another adult, emancipated minor or minor child, who are family or household members or who are or were in a dating relationship.
"Batterers intervention" means services provided to batterers, or perpetrators of domestic violence that hold a batterer accountable for his or her abusive behavior, provide consequences for engaging in violent or abusive behavior, provide monitoring of batterer's behavior, and require him or her to change his or her behavior and attitudes and are also protective of the victim(s). Anger control or management, substance abuse treatment or mental health treatment alone or in combination with each other shall not constitute batterers intervention; neither may these interventions alone nor in combination with each other be utilized as the primary means of facilitating the required changes in behavior and attitudes.
"Business day" shall mean a calendar day other than a Saturday, Sunday, or state holiday. In computing any period of time where the last day would fall on a Saturday, Sunday, or state holiday, the period shall run until 5:00 o'clock p.m. of the next business day.
"Certified batterers intervention program" or "Certified treatment program for batterers" means a status which is granted to an entity by the Oklahoma Attorney General, and indicates approval to provide batterers intervention services and treatment programs pursuant to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."
"Child" or "Children" means any individual from birth to eighteen years of age.
"Client" means an individual, adult or child, who has applied for, is receiving or has received assistance or services of a DV/SA or batterer's program.
"Client record" means written information including assessment information, description of services provided services plan, and other includes, but is not limited to, all communication, records and information on an individual client.
"Community" means the people, groups, agencies or other facilities within the locality served by the program.
"Contract" means a formal document adopted by the governing authority of the program and any other organization, agency, or individual that specifies services, personnel or space to be provided to the program and the monies to be expended in exchange.
"Coordinated Community Response Team" means a multi-disciplinary group of individuals from agencies and programs in the community whose purpose is to keep victims safe and hold batterers accountable.
"Counseling" means a method of using various commonly acceptable treatment approaches provided face-to-face by a behavioral health professional either licensed or under supervision for licensure as a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral Practitioner, Licensed Clinical Social Worker, psychiatrist or psychologist with clients in individual, group or family settings to promote positive emotional or behavioral change. A practicum student or intern in an accredited graduate program in preparation for one of the above licenses may provide counseling to victims of domestic violence, sexual assault or stalking and their dependents. Counseling is goal directed and utilizes techniques such as cognitive behavioral treatment, narrative therapy, solution-focused brief therapy,
psycho-educational interventions or another widely accepted theoretical framework for treatment.
"Critical incident" means an occurrence or set of events inconsistent with the routine operation of the facility, or the routine care of a client. Critical incidents specifically include but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to clients, personnel, volunteers and visitors; incidents involving medication; neglect or abuse of a client; fire; unauthorized disclosure of information; damage to or theft of property belonging to a client or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.
"Director" means the person hired by the governing authority to direct all the activities of the organization.
"DV/SA" means domestic violence and sexual assault.
"Documentation" means the provision of written, dated and authenticated evidence to substantiate compliance with standards, e.g., minutes of meetings, memoranda, schedules, notices, logs, records, policies, procedures, announcements, correspondence, and photographs.
"Domestic violence" means assaultive or coercive behaviors, including physical, sexual and psychological attacks and economic coercion, against another adult, emancipated minor or minor child, who are family or household members or who are or were in a dating relationship.
"Education" means the dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity of the community concerning domestic violence, sexual assault or batterer's intervention and other related problems and services and may include a systematic presentation of selected information to impart knowledge or instructions, to increase understanding of specific issues or programs, to examine attitude or behaviors and stimulate social action or community support of the program and its clients.
"Executive director" means the person in charge of a facility as defined in this section.
"Facility" means the physical location(s) of a certified program governed by this chapter of Title 75.
"Family" means the children, spouse, parents, brothers, sisters, other relatives, foster parents, guardians and others who perform the roles and functions of family members in the lives of clients.
"Intake" means the written information about a client as a basis for assessment or services, obtained by the program at time of admission.
"Licensure" means the official or legal permission to persons or health facilities meeting qualifications to engage in a given occupation or use a particular title.
"Medical care" means those diagnostic and treatment services which, under the laws of the jurisdiction in which the program is located, can only be provided or supervised by a licensed physician.
"Mental health services" means a range of diagnostic, therapeutic, and rehabilitative services used in treating mental illness or emotional disorders, including substance abuse.
"Neglect" means failing to provide adequate personal care or maintenance, or access to medical care which results or may result in physical or mental injury or harm to a client.
"OAG" means the Oklahoma Office of the Attorney General.
"Objectives" means a specific statement of planned accomplishments or results which are quantitative, qualitative, time-limited and realistic.
"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and maintained in the Office of Administrative Rules.
"Operation" means that clients are receiving services provided by the program.
"Personnel record" means a file containing the employment history and actions relevant to individual personnel and volunteer activities within an organization such as application, evaluation, salary data, job description, citations, credentials, etc.
"Persons with special needs" means persons with a condition which is considered a disability or impairment under the "American with Disabilities Act of 1990" including, but not limited to the deaf and hard of hearing, blind, physically disabled, developmentally disabled, persons with disabling illness, persons with mental illness. See "Americans with Disabilities Handbook," published by U.S. Equal Employment Opportunity Commission and U.S. Department of Justice.
"Policies" means statements of program intent, strategy, principle, or rules for providing effective and ethical services.
"Procedures" means the standard methods by which policies are implemented.
"Program" means a set of activities designed and structured to achieve specific objectives relative to the needs of the clients.
"Program evaluation" means the documented assessment activities, performed internally or externally, of a program
or a service and its staff, activities and planning process to determine whether program goals are met, staff and activities are effective, and what effect, if any, a program or service has on the problem which it was created to address or on the population which it was created to serve.
"Program goals" means broad general statements of purpose or intent.
"Safety Planning" means the process of working with the adult/child victim/survivor batterer to develop tools in advance of potential abuse or violence for the immediate and long term safety of the victim/survivor. The plans should be based on the individual's dangerousness indicators and should include the safety needs of dependents the victim and any dependents.
"Screening" means the process of determining, preliminarily the nature and extent of a person's problem in order to establish the service needs of an individual. At a minimum, a screening shall include a brief personal history related to abuse, a review of the individual's strengths and resources, risk factors and referral needs.
"Service agreement" means a written agreement between two or more service agencies or service agencies and individual service providers defining the roles and responsibilities of each party. The purpose of service agreements is to promote coordination and integration of service programs for the purpose of curbing fragmentation and unnecessary service duplication in order to assure a continuation of services.
"Service note" means the documentation of the time, date, location and description of services provided, and signature, including electronic signature, of staff or volunteer providing the services.
"Staff" means personnel that function with a defined role within the program whether full-time, part-time or contracted.
"Support" or "Supportive Services" means services provided to victims of domestic violence/sexual assault and/or their families which augment or complement a defined service plan.
"Volunteer" means any person who is not on the program's payroll, but provides either indirect or direct services and fulfills a defined role within the program and includes interns and practicum students.
75:25-1-5. Annual review of standards and criteria This chapter shall be reviewed annually by the Office of the Attorney GeneralOAG.
SUBCHAPTER 3. Batterers Intervention 75:25-3-1. Batterers intervention program (a) Each certified batterer intervention program shall have the policy, procedures, staffing, training, operational methods and facilities to meet the following requirements:
(1) Services shall be provided in a facility with offices available for private individual and group sessions.
(2) Services shall be provided to self or court-referred batterers. Group services shall be the primary modality. Referral to domestic violence services is provided for the batterer's partner or victim, when possible.
(3) The focus shall be on victim safety and the elimination of violence within the home and assisting the batterer in developing personal responsibility and accountability for his or her behaviors, understanding the fundamentals of anger and emotions, learning effective coping strategies and recognizing cyclic behavior. The service shall be based on non-victim blaming strategies.
(4) Anger control or management, and/or substance abuse treatment and/or mental health treatment alone shall not constitute batterers intervention; neither may these interventions be utilized as the primary means of facilitating the required changes in behavior and attitudes. However, these secondary interventions may be used to supplement the batterers intervention curriculum.
(5) Services shall include client assessments as described herein.
(b) Education shall be provided to the batterer utilizing written curriculum specifically developed for batterers intervention that comprehensively addresses, at a minimum:
(1) the dynamics of domestic violence and power and control issues;
(2) the socio-cultural basis for violence, including domestic violence;
(3) issues of sexism and gender role stereotyping;
(4) non-abusive communication techniques;
(5) effective coping strategies;
(6) parenting;
(7) effects of domestic violence on children;
(8) developing healthy relationships;
(9) safety planning for the prevention of violence, including establishment of personal goals and objectives to eliminate violent, controlling and abusive behavior;
(10) effects of domestic violence on victims from a victim perspective, and
(11) the potential consequences of domestic violence.
(c) Services shall be provided during hours which make them available for clients whose work hours are between 8:00 A.M. and 5:00 P.M. Monday through Friday.
(d) The program shall maintain admission criteria for batterers intervention services.
(e) The program shall provide individual assessment sessions, crisis intervention and group sessions.
(f) Service policy shall not permit the substitution of individual counseling appointments for group participation except in a situation where only one batterer of a gender has been court-ordered to the program.
(g) Group sizes shall be limited to not less than two (2) and not more than sixteen (16) clients.
(h) Discharge criteria shall be contingent on the satisfactory meeting of specific criteria by the participant, and NOT only upon the end of a specified period of time or a specified number of sessions.
(i) Joint participation shall not be allowed of the victim as part of batterers intervention.
(j) Male and female batterers shall not be served, or counseled, in the same group or session, i.e., together.
(k) The program shall maintain annually renewed service agreements with appropriate referral sources such as, but not limited to:
(1) substance abuse; and
(2) mental health services.
(l) In the case of court referred clients, the program shall develop a written process for coordinating with and reporting to the court, judge, probation officer, and/or district attorney, that which shall include a current description of the program and the requirements for participation and successful completion of the program.
(m) If other services for the batterer are necessary, appropriate referrals shall be made for such issues, including but not limited to mental health and/or substance abuse issues.
(n) Certified batterer intervention programs shall not be less than 52 weeks in duration. The 52 weekly group sessions shall be no less than ninety (90) minutes in length. Completion of a batterers intervention program requires at a minimum 52 weekly attended sessions as well as a favorable evaluation from the program.
(o) The batterers intervention program shall report any client absence of three (3) unexcused, consecutive sessions or seven (7) unexcused absences in a period of fifty-two (52) weeks to the court. Inability to pay shall not be considered an excused absence.
(np) Compliance with 75:25-3-1 shall be determined by a review of program policy and procedures; client records; service referral agreements, and other program documentation. Compliance may also include client interviews and/or observation of direct client services.
75:25-3-2. Victim safety and confidentiality (a) Victim safety.
(1) Whereas confidentiality is a fundamental underpinning of services for victims of domestic violence, limited confidentiality is critical in batterer batterers intervention services. Victim safety shall supersede all consideration of batterer confidentiality.
(2) Appropriate releases shall be obtained to facilitate communication with the partner or victim; other needed community agencies; the law enforcement or judicial systems, to assure that sufficient information is obtained to increase partner or victim safety and to properly apprise all parties of services, including the victim, court personnel, law enforcement personnel, staff of other programs serving batterers and the staff of programs providing victims' services.
(3b) There shall be a written, cooperative, accountable working relationship between the batterers intervention program, and the DV/SA providers that serve victims so potential victims and others are warned of imminent danger.
(4) Initial victim or partner contact shall be attempted when the batterer has been accepted or denied admission to the program. The victim or partner shall be provided with general information including:
(A) A brief description of the program, including program expectations, program content and philosophy;
(B) The limitations of the program including a statement that the batterer's participation does not ensure the participant will stop any or all battering behaviors nor guarantee victim or partner safety;
(C) Information related to victim services.
(5) The batterers intervention program shall maintain contact with the victim or partner at the victim's discretion. If the victim or partner elects not to receive information, the program is still required to notify the individual in the case of imminent threat or danger to the victim's safety.
(6) If the victim or partner elects to receive information after initial contact by the program, at a minimum, partner or victim notification is required when:
(A) The batterer begins attending the intervention program;
(B) The batterer terminates the intervention program for noncompliance;
(C) There is an imminent threat or danger to the victim's safety.
(7) The efforts to find and notify the batterer's partner or victim shall be documented.
(8c) Collaboration shall be established with other domestic violence/sexual assault programs certified by the Attorney General.
(b) Certified batterer intervention programs shall not be less than 52 weeks in duration. The 52 weekly group sessions shall be no less than ninety (90) minutes in length. Completion of a batterers intervention program requires at a minimum 52 weekly attended sessions as well as a favorable evaluation from the program.
(cd) Compliance with 75:25-3-2 shall be determined by a review of program policy and procedures; client records; service referral and cooperative agreements, and/or other program documentation.
75:25-3-3. Client records (a) A certified program shall have written policy and procedures for correcting errors on record material by lining through, initialing the error, and inserting the correct material either above the error or at the end of the entry. Further, the policy and procedures shall forbid the use of "white-out" or any action which obliterates the error.
(b) Each client record entry shall be legible, dated, and signed by the staff member making the entry.
(c) Copies of all service documentation including assessments, exit interviews and reports shall be kept in the batterer's file.
(bd) Compliance with 75:15-4-4 shall be determined by on-site observation, client records, policy and procedures and any other supporting program documentation.
75:25-3-4. Record content (a) Client records shall contain, at a minimum, the following information:
(1) Intake and screening information:
(A) Client's name;
(B) Date of initial contact/intake;
(C) Pertinent medical information, including substance abuse;
(D) Emergency contact information, and
(E) Court Order if applicable.
(2) Appropriate releases shall be obtained to facilitate communication with the partner or victim; other needed community agencies; the law enforcement or judicial systems, to assure that sufficient information is obtained to increase partner or victim safety and to properly apprise all parties of services, including the victim, court personnel, law enforcement personnel, staff of other programs serving batterers and the staff of programs providing victims' services.
(3) An assessment of the client shall be made prior to acceptance
into the program. The assessment shall at a minimum include:
(A) current and past history of violence;
(B) lethality risk indicators risk instrument must be evidence-based and developed specifically for batterers intervention;
(C) drug and alcohol use/abuse history and screening;
(D) mental health history and screening;
(E) criminal history and a report of the incident that generated the referral; and
(F) current or past history with child protective or adult protective services.
(24) Service notes, which shall minimally include:
(A) The time, date, location and description of services provided;
(B) The signature of staff providing the services; and
(C) A service note for each contact for services that shall include:
(i) personal responsibility and accountability;
(ii) level of participation in services;
(iii) change(s) in family, social, personal, legal or work environment(s);
(iv) inference of use or increased use of drugs/alcohol;
(v) whether or not facilitator observed sufficient indications of risk requiring notification of victim or others, and
(vi) referrals for supplemental services.
(D) Service notes shall document the ongoing provision of educational components addressing the risk of battering and other violence as set forth in 75:25-3-1(b).
(3) Exit information, which shall minimally include:
(A) Documentation that the client participated in planning for his or her exit from the program;
(B) The reasons for the client's exit or departure; and
(C) Client and staff dated signatures or an explanation if staff were unable to obtain the client's signature.
(b) Each client record entry shall be legible, dated, and signed by the staff member making the entry.
(c) Client records for batterers intervention services shall conform to the following:
(1) An assessment of the client shall be made prior to acceptance into the program. The assessment shall at a minimum include:
(A) current and past history of violence;
(B) lethality risk indicators;
(C) drug and alcohol use/abuse history and screening;
(D) mental health history and screening;
(E) criminal history and a report of the incident that generated the referral; and
(F) current or past history with child protective or adult protective services.
(25) An individualized written client-contract shall be completed upon acceptance into the program prior to the first (1st) session by the third (3rd) session; signed by the batterer; and shall include, but not be limited to:
(A) Initial safety plan for protection of the victim.
(AB) Attendance policy, including the length of intervention, minimum number of sessions required and the maximum length of time for completion of the required sessions.
(BC) The criteria for suspension and termination.
(CD) The program's rules.
(DE) A written notice in bold type which specifies "Please be advised any reasonable knowledge or suspicion of illegal activities or bodily harm, or a threat of such, to the victim, her or his property, or to third persons, or any attempt, threat or gesture to commit suicide, or any belief that child abuse or neglect is present or has occurred, will be reported to the appropriate person(s) or authorities."
(EF) A list of provider program expectations, such as participation, homework and that the batterer will be held accountable for all abusive and violent behavior.
(FG) The batterer's responsibilities for safety planning, including, but not limited to, an awareness of abusive and violent behavior and patterns, e.g., time out procedures, procedures which inform the partner or victim appropriately and are not used to control her or him, logging or writing a journal of efforts to control behavior and nonviolence maintenance such as buddy telephone calls, additional support groups, relaxation and exercise, etc.
(GH) Providing releases Releases of information for collateral treatment, i.e., substance abuse or mental health treatment.
(3) Service notes shall document the ongoing provision of educational components addressing the risk of battering and other.
(46) Reports. In the case of court-ordered or otherwise referred batterers, without jeopardizing the safety of the victim, a written report to the court or referring agent, shall be submitted within seven (7) business days of the following events:
(A) Acceptance into or rejection from the program including but not limited to a summary of the results of the initial assessment or the reason for rejection;
(B) Reasonable knowledge or suspicion of illegal activities or bodily harm, or a threat of such, to the victim or to third persons, and;
(C) Exit from the program including but not limited to the service termination report.
(7) All reports shall include any perceived areas of concern which may include, but are not limited to, substance abuse or mental health issues that the court may want to seriously consider.
(8) Initial victim or partner contact shall be attempted when the batterer has been accepted or denied admission to the program. Efforts to notify the referring agent, the victim or the victim's advocate shall be documented in the batterer's file, which may include an electronic file, without including any confidential victim identification information.
(9) Whenever possible, the batterers intervention program shall maintain contact with the victim or partner at the victim's discretion. If the victim or partner elects not to receive information, the program is still required to notify the individual in the case of imminent threat or danger to the victim's safety.
(10) If the victim or partner elects to receive information after initial contact by the program, at a minimum, partner or victim notification is required when:
(A) The batterer begins attending the intervention program;
(B) The batterer terminates the intervention program for noncompliance;
(C) There is an imminent threat or danger to the victim's safety.
(11) The efforts to find and notify the batterer's partner or victim shall be documented.
(12) Service termination reports shall be completed for all types of conditions under which services are ended and shall include, at a minimum, the reason for termination, summary of lethality risk indicators, and any concerns for the safety of victims, children, and/or others. Types and reasons for terminating services include:
(A) Rejection. Reasons for rejection shall be documented and include, but are not limited to: psychiatric history, including active or recent mental health related problems; criminal record of violent crimes; chemical dependency requiring completion of an inpatient or residential treatment program; or inability to function in a group due to limited mental cognitive abilities;
(B) Involuntary termination. Reasons for involuntary termination shall be documented and include, but are not limited to: recurrence of violence; arrest; absences from program sessions and activities; failure to actively participate in sessions attended; attending a session when under the influence of alcohol or drugs; violation of any rules of the treating program or violation of the client-contract; and or
(C) Completion. Upon completion of the program, an exit interview and service termination report shall be completed and documented in the client record. The service termination report shall include a disclosure stating that completion of batterers intervention does not indicate that the client will not re-offend; it is a report that the person has satisfactorily completed the necessary requirements of the certified program without any other known or reported re-offending during the time of enrollment in the program.
(5) In the case of court-ordered or otherwise referred batterers, without jeopardizing the safety of the victim, a written report to the court or referring agent, shall be submitted within seven (7) business days of the following events:
(A) Acceptance into or rejection from the program including but not limited to a summary of the results of the initial assessment or the reason for rejection;
(B) Reasonable knowledge or suspicion of illegal activities or bodily harm, or a threat of such, to the victim or to third persons, and;
(C) Exit from the program including but not limited to the service termination report.
(6) All reports shall include any perceived areas of concern which may include, but are not limited to, substance abuse or mental health issues that the court may want to seriously consider.
(13) Exit information, which shall minimally include:
(A) Documentation that the client participated in planning for his or her exit from the program;
(B) The reasons for the client's exit or departure; and
(C) Client and staff dated signatures or an explanation if staff were unable to obtain the client's signature.
(7) The batterers intervention program shall report any client absence of three (3) unexcused, consecutive sessions or seven (7) unexcused absences in a period of fifty-two (52) weeks to the court
(8) Efforts to notify the referring agent, the victim or the victim's advocate shall be documented in the batterer's record without including any confidential victim identification information.
(9) Copies of all service documentation including assessments, exit interviews and reports shall be kept in the batterer's file.
(db) Where required information is not obtained, efforts to comply with the requirements of this subsection shall be documented in the client record.
(ec) Compliance with this 75:25-3-4 shall be determined by a review of client records for content, review of program policy and procedures; or other supporting program documentation.
75:25-3-14. Critical incidents (a) The program shall have policy and procedures requiring documentation and reporting of critical incidents.
(b) Each critical incident shall be recorded and monitored as follows:
(1) agency name and name and signature of the person(s) reporting the critical incident;
(2) Client name, staff member(s), and/or property, involved in the critical incident;
(3) the date, time and physical location of the critical incident, if known, and the name of the staff person the incident was reported to;
(4) a description of the incident;
(5) severity of each injury, if applicable. Severity shall be indicated as follows:
(A) no off-site medical care required or first aid care administered on-site;
(B) medical care by a physician or nurse or follow-up attention required; or
(C) hospitalization or immediate off-site medical attention was required;
(6) resolution or action taken, date action taken and signature of the agency director or authorized designee.
(c) Critical incidents that shall be reported to the Office of the Attorney General OAG are reported as follows:
(1) Critical incidents requiring medical care by a physician or nurse or follow-up attention and incidents requiring hospitalization or immediate off-site medical attention shall be delivered via fax or mail including electronic mail to the Office of the Attorney General Victims Services Unit within forty-eight (48) hours, or if the incident occurs on a weekend or holiday, the next business day of the incident being documented.
(2) Critical incidents involving disaster at a facility, death or client abuse shall be reported to the Safeline at 1-800-522-7233 immediately via telephone. The notification shall be followed with a written report from the reporting agency within twenty-four (24) hours of the incident and delivered via fax or mail including electronic mail to the Office of the Attorney General Victims Services Unit.
(d) Compliance with 75:25-3-14 shall be determined by a review of policy and procedures, critical incident reports at the program and those submitted to the Office of the Attorney General Victims Services Unit.
SUBCHAPTER 5. Personnel and Volunteers 75:25-5-19. Orientation - general, personnel and volunteers (a) A certified program shall provide a minimum of 16 hours orientation training to familiarize new personnel and volunteers providing direct services with the program which includes, but is not limited to:
(1) Program goals and services of each service component;
(2) Program policy and procedures;
(3) Confidentiality, to include verbal confidentiality whether inside or outside the facility and client records;
(4) Facility safety and disaster plans;
(5) First aid kits and fire extinguishers, their location, contents and use;
(6) Universal precautions;
(7) Client rights;
(8) Domestic violence and its effects on victims and children;
(9) The cycle of domestic violence;
(10) Power and control tactics of abuse;
(11) Crisis intervention techniques;
(12) Sexual assault;
(13) Intimate partner Stalking stalking;
(14) Victim advocacy;
(15) Parenting and disciplinary techniques;
(16) Active listening techniques;
(17) Accessing resources needed by victims and their families including how to ensure services and access resources for persons with disabilities;
(18) Safety planning for adults and age appropriate safety planning for children;
(19) Basic child development;
(20) Legal and ethical issues surrounding domestic violence;
(21) Cultural Sensitivity, and
(22) Effects of trauma including post traumatic stress disorder.
(b) Volunteers providing indirect services are required to complete orientation as prescribed by the Executive Director which shall include training on confidentiality and facility safety and disaster plans.
(c) Orientation for personnel must take place within 30 days of employment or prior to unsupervised direct client contact and services. Volunteer orientation must occur within 6 months or prior to unsupervised, direct client contact and services. The Executive Director of a facility may waive orientation training if documented that the staff or volunteer has completed the requisite program training within the past year.
(d) Compliance with 75:25-5-19 shall be determined by a review of the written policies and procedures, and personnel and volunteer training manuals and records.
75:25-5-20. Inservice and ongoing training for personnel and volunteers (a) A certified program shall have policy and procedures mandating, at the minimum, sixteen (16) hours of annual training of all staff which shall include:
(1) Confidentiality, to include verbal confidentiality whether inside or outside the facility and client records;
(2) Facility safety and disaster plans;
(3) First aid kits and fire extinguishers, their location, contents and use;
(4) Universal precautions, and
(5) Client rights, and
(65) Legal and ethical issues.
(b) The remaining hours of annual training shall be related to domestic violence, sexual assault, stalking, batterers intervention and administration as prescribed and approved by the Executive Director as appropriate for the assigned staff duties.
(c) A certified program shall have policy and procedures mandating a minimum of four hours annual training of all volunteers providing direct services, related to domestic violence, sexual assault, and stalking as prescribed and approved by the Executive Director.
(d) Individuals that volunteer indirect services and do not meet the requirements for a volunteer providing direct services as defined in OAC 75:25-1-3 shall receive annual training as prescribed by the Executive Director, but do not have a minimum number of training hours required.
(e) Documentation of training must include the topic of the training, the name of the trainer(s), the date of the training, the length of the training session, the sponsor of the training, and approval of the training by the Executive Director of the agency.
(f) A Certified Domestic and Sexual Violence Response Professional in good standing with the Oklahoma Coalition Against Domestic Violence and Sexual Assault (OCADVSA) shall be deemed to be current with annual training requirements upon completion of required annual training set forth in subsection (a) above. A copy of the current certification card issued by the OCADVSA shall be evidence of good standing.
(gf) Compliance with 75:25-5-20 shall be determined by a review of policy and procedures; review of training records and other provided documentation of personnel training; and a review of personnel or volunteer records.
75:25-5-21. Personnel training, batterers intervention services (a) Personnel facilitating batterers intervention groups shall minimally have a graduate degree in a behavioral health or criminal justice related field and one-year related work experience, have a Bachelors degree in a behavioral health or criminal justice related field and two years related work experience, or have been employed as a facilitator in a certified batterers intervention program prior to July 1, 2008.
(b) A certified batterers intervention program shall contract with or employ a qualified licensed professional as defined in 75:25-1-3 under "Counseling" for purposes of providing case and programmatic consultation to personnel facilitating batterers intervention groups and for conducting individual client evaluations before and after attendance of the program.
(c) Prior
to providing any direct services, personnel facilitating batterers intervention services shall observe a minimum of 12 batterers intervention group sessions from an OAG certified program, in addition to training requirements. and must complete 16 hours training that includes, but is not limited to:
(1) Causes and dynamics of domestic violence;
(2) Identification of cultural and social influences that contribute to violence;
(3) Identification of coercive behavior and the development of cooperative skills;
(4) Coercive sexual behavior;
(5) Impact of domestic violence on children and the dynamics of the batterer as a parent;
(6) Lethality indicators and assessment procedures such as: perceived loss of control over the victim through separation, divorce, victim fleeing, extreme jealousy, escalation of abuse, acts of abuse, suicide/homicide threats, plan to carry out either of above, use of, or threat to use weapon (especially a gun), strangulation, stalking, history of mental health problems, substance abuse, history of sexual abuse of victim or children and kidnapping of partner;
(7) The effects of alcohol and drug use/abuse and domestic violence;
(8) Exploring myths and beliefs about domestic violence, including myths about provocation;
(9) Impact of domestic violence on victims;
(10) Batterers who re-offend;
(11) Group dynamics and group structure;
(12) Planning for non-violence and victim and dependent safety, and
(13) Defining and identifying dominant aggressors.
Additionally, the Executive Director shall certify the proficiency of any personnel facilitating batterers intervention in each of the curriculum topics and in group facilitation.
(d) Personnel who provide batterers intervention service may not provide services for the victim that may result in a conflict of interest.
(e) Compliance with 75:25-3-12 21 shall be determined by:
(1) Review of program's policy and procedures.
(2) Review of program's training records and other provided documentation of staff training.
(3) Review of personnel records.
[OAR Docket #11-831; filed 6-2-11]
TITLE 75. Attorney General CHAPTER 30. Standards and Criteria for Adult Victims of Sex Trafficking Programs PERMANENT final adoption
Chapter 30. Standards and Criteria for Adult Victims of Sex Trafficking Programs [NEW]
Office of Attorney General; 74 O.S., Sections 18p-1 et seq.
Comment Period:
February 25, 2011 through March 23, 2011
Public Hearing:
March 23, 2011
Adoption:
March 23, 2011
Submitted to Governor:
March 31, 2011
Submitted to House:
March 31, 2011
Submitted to Senate:
March 31, 2011
Gubernatorial Approval:
May 12, 2011
Legislative Approval:
Failure of the Legislature to disapprove resulted in approval on May 27, 2011
Final Adoption:
May 27, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
This chapter sets forth the rules, including standards and criteria, used in certifying sexual assault programs and shelters for adult victims/survivors of sexual violence as a result of human trafficking pursuant to 74 O.S. § 18p-6. Although similarities exist between services provided to victims of domestic or sexual violence and victims of sex trafficking, there are also important differences between the two groups of victims. Victims of trafficking are often eligible for special benefits including housing, legal assistance and refugee services that differ from the types of services that are available to domestic violence or sexual violence victims. These standards serve as guidance in understanding, providing and advocating for the needs of victims of sex trafficking. The rules regarding factors relating to the process to determine status as a certified program including applications, fees, requirements and administrative sanctions, are found in 75 OAC 1.
Susan Damron Krug(405) 522-0042
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING PERMANENT RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 1. General Provisions This chapter sets forth the rules, including standards and criteria, used in certifying sexual assault programs and shelters for adult victims/survivors of sexual violence as a result of human trafficking pursuant to 74 O.S. § 18p-6. Sex trafficking occurs when a person uses force, fraud, or coercion to get a victim to perform sexual acts for commercial reasons. The victim is recruited, transferred, harbored, obtained or moved by a person. The person uses force, fraud, coercion, abduction, threat, deception or the abuse of power to gain control over the victim. The victim is exploited for forced labor, involuntary servitude, slavery, and/or debt bondage of commercial sex acts. Under federal law, the use of minors for commercial sexual activity is always considered to be a severe form of trafficking, even if there is no force, fraud or coercion. Minors are intended to be served under a different program, the Unaccompanied Refugee Minor (URM) program. However, minors may still need immediate medical care, housing, food and clothing until they can be transferred. Although similarities exist between services provided to victims of domestic or sexual violence and victims of sex trafficking, there are also important differences between the two groups of victims. Victims of trafficking are often eligible for special benefits including housing, legal assistance and refugee services that differ from the types of services that are available to domestic violence or sexual violence victims. These standards serve as guidance in understanding, providing and advocating for the needs of victims of sex trafficking. The rules regarding factors relating to the process to determine status as a certified program including, but not necessarily limited to, applications, fees, requirements for and administrative sanctions, are found in OAC Title 75, Chapter 1.
75:30-1-1.1. Mission and underlying philosophy (a) The mission of the standards and criteria for programs serving adult victims of sexual assault is to eliminate sex trafficking in the State of Oklahoma.
(b) The philosophy underlying the standards and criteria for domestic violence, sexual assault, and batterers intervention programs, including programs that serve victims of sex trafficking and stalking, is that:
(1) All persons have the right to live without fear, abuse, oppression and violence;
(2) There should be equality in relationships, and survivors of domestic violence, sexual assault and stalking should be helped to assume power over their own lives;
(3) No one deserves to be victimized by assaultive or abusive behavior;
(4) Survivors should be treated with dignity and respect;
(5) All people involved in violent crimes are affected, including victims, children, families, partners, friends, the community, and perpetrators;
(6) Offending is a choice, and perpetrators of domestic violence, sexual assault, sex trafficking and stalking are solely responsible for their behavior;
(7) These perpetrators must be held accountable for their behavior;
(8) A coordinated community response is the best approach to eliminating domestic violence, sexual assault, sex trafficking and stalking in Oklahoma, and
(9) Safety for the victims/survivors and their dependants is the primary focus of intervention and services.
The following words or terms, when used in this chapter, shall have the defined meaning, unless the context clearly indicates otherwise:
"Admission" means to accept a client for services or treatment.
"Advocacy" means the assistance provided which supports, supplements, intervenes and/or links the client and their dependents with the appropriate service components to encourage self-reliance and provide information that will enable independence. This can be viewed as a combination of active listening and facilitating personal problem solving along with researching options of action, safety planning, community outreach and education and include medical, dental, financial, employment, legal and housing assistance.
"Advocate" means a person, providing support to ensure clients receive appropriate services.
"Assessment" means an appropriate course of assistance based on a face-to-face formal screening.
"Behavioral Health Professional" means either licensed or under supervision for licensure as a Licensed Professional Counselor, Licensed Marriage and Family Therapist, Licensed Behavioral Practitioner, Licensed Clinical Social Worker, psychiatrist or psychologist with clients in individual, group or family settings to promote positive emotional or behavioral change. A practicum student or intern in an accredited graduate program in preparation for one of the above licenses may provide counseling to victims of domestic violence, sexual assault, sex trafficking or stalking and their dependents.
"Business day" shall mean a calendar day other than a Saturday, Sunday, or state holiday. In computing any period of time where the last day would fall on a Saturday, Sunday, or state holiday, the period shall run until 5:00 o'clock p.m. of the next business day.
"Case consultation" means review of a client's case by the primary service provider and other program personnel, consultants or both.
"Case management" means a professional practice in which the service recipient is a partner, to the greatest extent possible, in assessing needs, defining desired outcomes, obtaining services, treatments, and supports, and in preventing and managing crisis. Case management is a central service that includes: explanation of social services, service system advocacy, basic case coordination, assessments, and service plan development. It may also include transportation, translation, emotional support and counseling depending upon the training and resources of the case manager.
"Case manager" means someone with experience serving victims of crime, trafficking victims, refugees, immigrants, crime victims or other related populations. Ideally, they will have received specific training to serve trafficking victims. The Case Manager will ensure that victims receive the services they need and coordinate to transition them to as needed.
"Certification" means a process that the Department of Health and Human Services, Office of Refugee Resettlement (HHS or ORR) uses to officially say that a person is a victim of a severe form of trafficking. Advocates assisting victims of trafficking can assist in the certification process by informing victims of their rights generally, and working with law enforcement and attorneys to ensure that they understand and advocate for the victim's individual needs once certified.
"Certified adult victims of sex trafficking program" means a status which is granted to an entity by the Oklahoma Attorney General, and indicates
approval to provide services pursuant to 74 O.S. § 18p-6. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."
"Client" means an adult individual who has applied for, is receiving or has received assistance or services of a certified sexual assault program for adult victims of sex trafficking.
"Client record" includes, but is not limited to, all communication, records and information on an individual client.
"Commercial sex" means any form of commercial sexual activity such as sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display.
"Community" means the people, groups, agencies or other facilities within the locality served by the program.
"Contract" means a formal document adopted by the governing authority of the program and any other organization, agency, or individual that specifies services, personnel or space to be provided to the program and the monies to be expended in exchange.
"Counseling" means face-to-face therapeutic session with one-on-one interaction between a licensed behavioral health professional and an individual to promote emotional and/or behavioral change focused on victim safety and perpetrator accountability. Those individuals providing professional therapy to adult victims of human trafficking as a result of sexual violence understand that victims of trafficking may exhibit depression, post-traumatic stress disorder, memory problems, fear, suspicion, rape trauma syndrome and physical distress as a result of the psychological stress, such as headaches, stomachaches, chest pain and numbing of parts of the body. Interviews requiring them to recount their experiences can trigger these behaviors. Initially, many victims may be more comfortable with less formal, supportive counseling or "conversations" (not counseling) geared toward immediate problem solving, adjusting to life at the center and coping with loneliness and isolation from their communities.
"Crisis intervention" means services based upon a problem-solving model to provide information and referrals that assist an individual domestic violence, sexual assault or stalking victim/survivor in crisis. Crisis intervention services include but are not limited to assessing dangerousness, safety planning, information about available legal remedies, establishing rapport and communication, identifying major problems, exploring feelings and providing support, exploring possible alternatives, and/or formulating an action plan and follow-up measures.
"Critical incident" means an occurrence or set of events inconsistent with the routine operation of the facility, or the routine care of a client. Critical incidents specifically include but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to clients, personnel, volunteers and visitors; incidents involving medication; neglect or abuse of a client; fire; unauthorized disclosure of information; damage to or theft of property belonging to a client or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.
"Cultural" means the unique needs, worth, thoughts, communications, actions, customs, beliefs and values that reflect an individual's racial, ethnic, religious, sexual orientation and/or social group.
"Direct services" means services delivered by a qualified staff member or volunteer, in direct contact with a client including telephone or other electronic contact.
"Director" means the person hired by the governing authority to direct all the activities of the organization.
"Documentation" means the provision of written, dated and authenticated evidence to substantiate compliance with standards, e.g., minutes of meetings, memoranda, schedules, notices, logs, records, policies, procedures, announcements, correspondence, services, and photographs.
"Education" means the dissemination of relevant information specifically focused on increasing the awareness of the community and the receptivity and sensitivity of human trafficking problems and services and may include a systematic presentation of selected information to impart knowledge or instructions, to increase understanding of specific issues or programs, to examine attitude or behaviors and stimulate social action or community support of the program and its clients.
"Emergency services" or "crisis services" means a twenty-four (24) hour capability for danger assessment, intervention and resolution of a client crisis or emergency that is provided in response to unanticipated, unscheduled emergencies requiring prompt intervention.
"Emergency transportation" means transportation for a victim of sex trafficking to a secured identified location at which emergency services or crisis services can be provided.
"Executive director" means the person in charge of a facility as defined in this section.
"Facility" means the physical location(s) of a certified program governed by this chapter of Title 75.
"Family" means the children, spouse, parents, brothers, sisters, other
relatives, foster parents, guardians and others who perform the roles and functions of family members in the lives of clients.
"Governing authority" means a group of persons having the legal authority, and final responsibility for the operations and functions of the entire certified adult victims of sex trafficking program, or shelter, in and of all geographical locations and administrative divisions.
"Guardian" means an individual who has been given the legal authority for managing the affairs of another individual.
"Human trafficking" or "Victims of trafficking" means modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual's commercial sex act or labor.
"Indirect services" means services delivered by a staff member or volunteer, that does not involve direct services with a client.
"Initial contact" means a person's first contact with the program or facility requesting information or service by telephone or in person.
"Intake" means an interaction intended to discover what has happened, determine what the crisis is, assess dangerousness indicators, do safety planning, and/or establish the immediate needs of adult victims of sex trafficking to determine appropriate services and referrals. Includes interaction with an individual determined to be appropriate for ongoing service in order to obtain basic demographic information, gather vital information on the client, orient the victim/survivor to the program, program rules, and, if applicable, the facilities . Cultural needs should also be identified at this time.
"Licensure" means the official or legal permission to persons or health facilities meeting qualifications to engage in a given occupation or use a particular title.
"Medical care" means those diagnostic and treatment services which can only be provided or supervised by a licensed physician.
"Medication" means any prescription or over-the-counter drug, that is taken as prescribed or directed.
"Mental health services" means a range of diagnostic, therapeutic, and rehabilitative services used in treating mental illness or emotional disorders, including substance abuse.
"Neglect" means failing to provide adequate personal care or maintenance, or access to medical care which results or may result in physical or mental injury or harm to a client.
"OAG" means the Office of the Oklahoma Attorney General.
"Objectives" means a specific statement of planned accomplishments or results which are quantitative, qualitative, time-limited and realistic.
"Oklahoma Administrative Code" or "OAC" means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and maintained in the Office of Administrative Rules.
"Operation" means that clients are receiving services provided by the program.
"Personnel record" means a file containing the employment history and actions relevant to individual personnel and volunteer activities within an organization such as application, evaluation, salary data, job description, citations, credentials, etc.
"Persons with special needs" means persons with a condition which is considered a disability or impairment under the "American with Disabilities Act of 1990" including, but not limited to the deaf and hard of hearing, blind, physically disabled, developmentally disabled, persons with disabling illness, persons with mental illness. See "Americans with Disabilities Handbook," published by U.S. Equal Employment Opportunity Commission and U.S. Department of Justice.
"Policies" means statements of program intent, strategy, principle, or rules for providing effective and ethical services.
"Procedures" means the standard methods by which policies are implemented.
"Program" means a set of activities designed and structured to achieve specific objectives relative to the needs of the clients.
"Program evaluation" means the documented assessment activities, performed internally or externally, of a program or a service and its staff, activities and planning process to determine whether program goals are met, staff and activities are effective, and what effect, if any a program or service has
on the problem which it was created to address or on the population which it was created to serve.
"Program goals" means broad general statements of purpose or intent.
"Qualified staff" means someone who has met the criteria for provision of direct services as defined in 75:30-6-20.
"Release" or "Waiver" means consent that is informed, written and reasonably time-limited. The terms may be used interchangeably to mean the same thing.'Release' implies that confidential information is released (despite confidentiality or privilege protection), and 'Waiver'implies waiving the right (to maintain privilege). If release of information is compelled by statutory or court mandate, the program shall make reasonable attempts to provide notice to victims affected by the disclosure of information and take steps necessary to protect the privacy and safety of the persons affected by the release of the information.
"Referral" means information disseminated and/or coordinated access to agency and community services to meet victim/survivor's and their dependents identified needs.
"Safe Home" means private dwellings available for the temporary housing of adult victims of sex trafficking to ensure safety of victims until other housing arrangements can be made.
"Safe Home Provider" means an individual or family providing Safe Home services through a formal agreement with a certified human trafficking program.
"Safety Planning" means the process of working with the victim/survivor to develop tools in advance of potential abuse or violence for the immediate and long term safety of the victim/survivor. The plans should be based on the individual's dangerousness indicators and should include the safety needs of dependents. Trafficked persons face danger from organized crime, and the levels of danger depend on a host of factors including how much a victim's testimony can harm the perpetrators and how violent and extensive a trafficking organization may be. Additional risks may include isolation due to inability to speak English and distrust of law enforcement and the criminal justice system and unfamiliarity with ways to seek help and safety.
"Screening" means the process of determining, preliminarily the nature and extent of a person's problem in order to establish the service needs of an individual. At a minimum, a screening shall include a brief personal history related to abuse, a review of the individual's strengths and resources, risk factors and referral needs.
"Service agreement" means a written agreement between two or more service agencies or service agencies and individual service providers defining the roles and responsibilities of each party. The purpose of service agreements is to promote coordination and integration of service programs for the purpose of curbing fragmentation and unnecessary service duplication in order to assure a continuation of services.
"Service note" means the documentation of the time, date, location and description of services provided, and signature, including electronic signature of staff or volunteer providing the services.
"Service plan" means a plan of action developed and agreed upon by the client and service provider that contains service appropriate goals and objectives for the client.
"Sexual assault services" means personal advocacy and support services provided to adult victims of sex trafficking in settings such as law enforcement, medical settings or program offices.
"Sex trafficking" also known as "Human Trafficking for Commercial Sex" means recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion for purposes of engaging the person in a commercial sex act, or benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of trafficking for commercial sex;
"Shelter" means a residential living arrangement in a secure setting with support and advocacy services provided by qualified staff, for adult victims of sexual assault as a result of human trafficking.
"Staff" means personnel that function with a defined role within the program whether full-time, part-time or contracted.
"Support" or "Supportive Services" means services provided to victims of domestic violence/sexual assault and/or their families which augment or complement a defined service plan.
"Universal precautions for transmission of infectious diseases" means those guidelines promulgated by the U.S. Occupational Health and Safety Administration which are designed to prevent the transmission of Human Immunodeficiency Virus, hepatitis and other infectious diseases.
"Update" means a dated and signed review of a report, plan or program with or without revision.
"Victim recovery services" mean
a face-to-face service, provided one on one by qualified staff to groups or individuals to maintain or develop skills necessary to perform activities of daily living and successful integration into community life. This service includes educational and supportive services regarding independent living, self care, social skills, development and lifestyle changes.
"Volunteer" means any person who is not on the program's payroll, but provides either indirect or direct services and fulfills a defined role within the program and includes interns and practicum students.
75:30-1-3. Meaning of verbs in rules The attention of the facility is drawn to the distinction between the use of the words "shall," "should," and "may" in this chapter:
(1) "Shall" is the term used to indicate a mandatory statement, the only acceptable method under the present standards.
(2) "Should" is the term used to reflect the most preferable procedure, yet allowing for the use of effective alternatives.
(3) "May" is the term used to reflect an acceptable method that is recognized but not necessarily preferred.
75:30-1-4. Annual review of standards and criteria This chapter shall be reviewed annually by the Office of the Attorney General.
SUBCHAPTER 3. Sexual Assault Programs for Adult Victims/Survivors of Sexual Violence as a Result of Human Trafficking 75:30-3-1. Service programs (a) Programs serving victims of sexual violence as a result of human trafficking and their dependents or family members should consider special service needs when developing a plan to offer services. Victims of human trafficking may exhibit depression, post-traumatic stress disorder, memory problems, fear, suspicion, rape trauma syndrome and physical distress as a result of the psychological stress, such as headaches, stomachaches, chest pain, and numbing of parts of the body. These symptoms may be exhibited at different times and in varying degrees. Interviews requiring victims to recount their experiences can trigger these symptoms. Symptoms of trauma may include avoidance of activities, places, people, thoughts and conversations that arouse recollections. Initially, many victims may be more comfortable with less formal, supportive counseling or "conversations" geared toward immediate problem solving, adjusting to life at the shelter and coping with loneliness and isolation from their communities.
(b) The program shall have policy and protocols for accepting victims of sex trafficking and develop procedures to maintain facilities, staffing, and operational methods, including a policy on the recruitment of board members, staff and volunteers who are representative of the diversity in the local community and the diversity of their clients.
(c) All certified programs shall ensure shelter is provided and be able to respond to special needs which may include:
(1) Length of stay: Shelter and housing may be needed for much longer lengths of time than is typical for non-trafficked victims.
(2) Safety planning: Safety planning should be designed to meet individual, unique needs. Safety planning can be complex due to danger created by an extensive trafficking organization. Perpetrators often threaten the trafficked person's family in the country of origin as well, and such threats impact decisions made by a trafficked person.
(3) Mental health/trauma: Victims of human trafficking have issues that are more akin to victims of torture. They may not want to receive mental health services immediately, and it is important that they not be pushed into receiving them. Cultural issues may also come into play and there may be greater stigmas to receiving these services.
(4) Participation in activities: Trafficking victims may never have assimilated into the local community or U.S. culture. Such lack of assimilation, in addition to language barriers and lack of family or community support may make it difficult to meet shelter requirements such as communal meals, support groups and roommates of different ethnic, cultural or religious backgrounds.
(5) Unique interpretation needs: accessing an interpreter for particular dialects within a spoken language and obtaining translations of written consent forms and other documents may be necessary.
(6) Intensive Case Management: Trafficking victims often need intensive case management and advocacy for long periods of time to assist them with immigration issues, federal prosecution of the perpetrator, accessing special benefits and other areas.
(7) Labor exploitation: A victim of human trafficking may feel that she has to babysit for free, cook meals or do more than her fair share of the chores. Programs should be aware of this dynamic and ensure that staff and other residents do not unwittingly allow this dynamic to occur.
(8) Cooperation with law enforcement: Programs should ensure victims are educated about the value of participating in the legal prosecution of offenders and that an appropriate release or waiver may be necessary. Programs may have to educate law enforcement about certain policies, confidentiality and privilege laws, victim issues, including safety concerns, and whether or not law enforcement may enter the shelter. Programs shall also inform law enforcement that victims cannot be restricted from leaving the shelter. When necessary, programs should offer alternate, secure locations for interviews. It should also be decided whether or not the advocate may be present during interviews and court hearings.
(9) Criminal culpability of victims of trafficking: Victims of trafficking may themselves be charged with federal or state crimes. Shelters should develop relationships with qualified criminal defense lawyers, including the federal and state public defender offices that can assist them.
(10) Establishing networks with additional service providers: Because of the unique needs of trafficking victims, shelters may have to identify and establish relationships with service providers such as those who do refugee settlement, with whom they have no previous relationship, and assess the providers as potential referral sources.
(d) All certified programs shall provide services including, but not limited to:
(1) Twenty-four (24) hour crisis telephone services staffed by trained staff or volunteers, 24-hour immediate, direct access to crisis advocates. Pagers, answering machines or answering services that do not provide immediate access to a crisis advocate shall not be sufficient to meet this requirement.
(2) Emergency screenings for immediate needs including safety, flight risk, medical, mental health, substance abuse, and status including eligibility for other services and HHS or ORR certification.
(3) Emergency housing such as hotel or motel available for victim and any dependent(s).
(4) Arrangement for safe shelter, food, clothing, and incidentals needed by victim and any dependent(s)as soon as practicable.
(5) Be provided protection if the safety of the victim is at risk or if there is a danger of additional harm by recapture of the victim by a perpetrator, including: taking measures to protect trafficked persons and their family members from intimidation and threats of reprisals and ensuring that the names and identifying information of trafficked persons and their family members are not disclosed to the public.
(6) The program shall provide transportation or access to transportation for necessary or emergency services. This shall not require service providers to be placed in a situation that could result in injury.
(7) Assignment or referral to Case Manager.
(8) Provision of advocacy and referral to assist the victims in obtaining needed services or resources.
(9) Follow-up services shall be offered to all victims if victim safety is not compromised.
(10) Crisis intervention or support services, case management or referral for case management, advocacy, and victim recovery services. These programs shall minimally either directly provide or make provision for the following services:
(11) Life and job skills training.
(12) Establishment of contact with families of victims if appropriate and desired by the client.
(13) Advocacy services, both in person and by telephone or other electronic means, either in the locations of other community services and systems, or in the program's offices and assist with obtaining certification and public benefits.
(14) A resource document of local, area, or state resources to facilitate referrals for clients for longer term counseling and housing and legal services, particularly immediate legal assistance from an attorney.
(15) The agency shall
maintain an updated list of identified behavioral health professionals in their community who treat clients with trauma related to sex trafficking victims who need additional mental health or substance abuse services.
(16) Provide access to legal assistance, information about their rights and translation services as necessary.
(f) All certified programs shall maintain an atmosphere and provide services that are free from all forms of unlawful discrimination based on race, color, gender, sexual orientation, age, disabilities, (i.e., physical, mental illness and substance abuse) economic or educational status, religion and national origin, including a policy that services to immigrant women will not be denied or diminished on the basis of immigration status.
(g) All certified programs are required to conduct a name search of employees at least annually against the registries maintained pursuant to the Oklahoma Sex Offenders Registration Act and the Mary Rippy Violent Crime Offenders Registration Act while such person is working with or serving children. All persons working with or providing services to children shall be required to sign a statement declaring that he or she is not currently required to register under the provisions of the Oklahoma Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act. Compliance with the signed statement shall be mandatory for all persons working with or providing services to children, and there shall be no liability or obligation placed upon any person or business to ascertain the truthfulness of the affidavit.
(h) Compliance with 75:30-2-1 shall be determined by a review of the program's policy and procedures, service agreements, on site observation, client and staff interviews and/or other supporting documentation.
(a) All shelters shall comply with section 75:30-2-1 and each shelter program shall provide long-term shelter services and staffing to provide services twenty-four (24) hours per day, seven (7) days per week and provide the following services:
(1) A group living program providing room, board, bathing and laundry facilities, necessary clothing and toiletries for victims.
(2) Shelters shall be staffed at all times when clients are in residence. When there are no clients in residence, each shelter program must assure availability for immediate contact or services.
(3) Shelter programs shall provide screening, referral and linkage to clients and callers to appropriate community resources, to include assistance in making initial contact.
(4) Each shelter program must ensure to the best of their ability the safety, security, and confidentiality of clients and the location of the shelter.
(5) The shelter shall maintain involuntary discharge criteria.
(b) Compliance with 75:30-2-2 shall be determined by a review of policy and procedures, service agreements, on site observation, and/or other supporting documentation.
75:30-3-3. Safe Home for adult victims of sex trafficking (a) All Safe Home programs shall comply with section 75:30-2-1 and the following:
(1) The program shall provide confidential housing 24 hours a day, 365 days a year.
(2) Certified programs for victims of sexual violence as a result of human trafficking that have a formal agreement for a Safe Home shall:
(A) assure that each Safe Home provides residents with access to minimum necessities including bedding, clothing, articles for grooming and personal hygiene, and food;
(B) develop and disseminate to Safe Home providers and residents written rules, policies and procedures that include admission and exit criteria including security measures;
(C) have written procedures for monitoring Safe Homes to ensure that the homes meet standards for cleanliness and safety;
(D) provide orientation to all clients and require they sign a contract acknowledging they have read and understand the rules of their stay;
(E) assign an advocate or liaison for clients. This person, or a crisis line staff, shall be available for emergencies and support at all times; and
(F) provide at least one, 30-minute face-to-face service contact per week with each Safe Home resident.
(b) The program shall establish criteria to screen potential Safe Home providers. Screening will include an application with references, an interview, and a site visit. Each Safe Home will be reassessed annually.
(c) All Safe Homes must be supervised by the certified program who will conduct on-site observations at least monthly when clients are in residence.
(d) The certified program shall have a written agreement with each Safe Home provider that outlines specific responsibilities of both the program and the provider to include expectations and limitations (e.g., no babysitting or individual advocacy) and compliance with confidentiality. The agreement shall clearly state that the program will not be held liable for damage incurred by the Safe Home provider. Both parties will sign the agreement.
(e) Compliance with 75:30-2-3 shall be determined by a review of program policy and procedures, client records, on site observation, written agreements, and/or other program documentation.
SUBCHAPTER 5. Client Records and Confidentiality The purpose of this subchapter is to set forth the standards and criteria governing client records and confidentiality of client information, including client records, for victims of sex trafficking.
75:30-5-2. Client records (a) A certified program shall have and maintain a master client index system containing the client's name, and the program's discreet numerical or letter identifier. No identifying information such as initials, age, year of birth or gender shall be part of the client id. That same discreet identifier shall be the client ID that is entered into an OAG approved data base without further encryption.
(b) A certified program shall have written policy and procedures for correcting errors on record material by lining through, initialing the error, and inserting the correct material either above the error or at the end of the entry. Further, the policy and procedures shall forbid the use of "white-out" or any action which obliterates the error.
(c) Compliance with 75:30-3-2 shall be determined by on-site observation, client records and any other supporting program documentation.
75:30-5-3. Record content - general (a) Client records for both residential and non-residential clients shall contain, at a minimum, the following information:
(1) Intake and screening information:
(A) Client's name;
(B) Date of initial contact/intake;
(C) Pertinent medical information, including substance abuse;
(D) Emergency contact information, if applicable, and
(E) History/nature of abuse including dangerousness assessment and safety planning, flight risk, screening for medical, mental health and substance abuse, status including eligibility for other services and HHS or ORR certification.
(2) Service notes, which shall minimally include:
(A) The date, location, start time, duration and description of services provided delineated by time spent and service code, if applicable, or documentation of referral to other services or case management;
(B) The signature of staff providing the services or referral, and
(3) Service plan focusing on victim safety and, well-being which shall minimally include:
(A) Goals and objectives of the client, which shall be developed and agreed upon between the client and staff, and
(B) Service plans and their updates shall be signed and dated by the client and staff.
(4) Exit information, which shall minimally include:
(A) Documentation that the client participated in planning for his or her exit from the program;
(B) The reasons for the client's exit or departure, and
(C) Client and staff dated signatures or an explanation if staff were unable to obtain the client's signature.
(b) Each client record entry shall be legible, dated, and signed by the staff member making the entry.
(c) Compliance with 75:30-3-3 shall be determined by a review of program policy and procedures; review of the client records for content, and/or other supporting program documentation.
75:30-5-3.1. Record content - service specific (a) Client records for specific services shall conform to the following:
(1) Shelter Services:
(A) On a client's entry to the shelter, staff shall record the client's name, emergency contact person(s), if applicable, and any referral for medical or emergency services. This information may be a part of the full intake interview if the full intake is done on entering the shelter. An evidence-based, dangerousness assessment and safety planning shall also be done at this time.
(B) Shelter clients shall have the full intake interview and screening completed within forty-eight (48) hours of entry into the shelter.
(C) Service plans shall be completed within five (5) business days of the shelter client's entry to the shelter.
(D) The service plan shall be reviewed and updated at least every two (2) weeks.
(E) The service plan shall include safety issues for the client.
(F) A daily note.
(2) Crisis Intervention Services:
(A) All face-to-face contacts with active clients are documented and contacts with persons not receiving additional services shall be documented. Documentation shall minimally include the following:
(i) Staff/Volunteer Name and signature;
(ii) Date, time, length, and location of intervention;
(iii) Client's name, age, race, county of residence, and contact number if given.
(iv) Protective order information, if applicable;
(v) Personnel involved such as police, hospital, etc.;
(vi) Summary of contact including visible injuries, treatment and services requested;
(vii) Outcome;
(B) All
telephone contacts shall be documented. Documentation shall minimally include the following:
(i) Staff/Volunteer name;
(ii) Date, time and length of call;
(iii) Caller's name and contact number, if given; However, no caller shall be required to give a name, phone number or any other identifying information as a condition to receive information or domestic violence, sexual assault or stalking services;
(iv) Summary of the call including services needed;
(v) Outcome, and
(vi) Follow-up services offered if victim safety is not compromised.
(C) Contact information is kept by the crisis intervention program.
(D) Clients to be transported to shelter facilities shall be screened before the shelter referral is made. If the client is in immediate danger, or no safe housing is available, this screening may be initially waived. If the screening is waived, documentation shall reflect the reason(s) and the notification of such to the shelter.
(3) Counseling, Support and Advocacy Services:
(A) An assessment of the client's needs shall be completed by the third (3rd) counseling or advocacy session.
(B) A service plan shall be completed by the fifth (5th) advocacy or counseling session.
(C) A service plan review and update shall be completed at least every six (6) months.
(4) Sexual Assault Services:
(A) For victims who continue in support or counseling sessions, a service plan shall be developed by the fifth (5th) visit.
(B) Service plans shall be reviewed and updated at least every ninety (90) days.
(5) Safe Home Services:
(A) A service plan that includes goals agreed upon by the client and sponsoring family shall be developed within five (5) business days of the client moving in. On a client's entry to the Safe Home, the Safe Home provider shall record the client's name, emergency contact information, and pertinent medical information.
(B) Safe Home clients shall receive a full intake
interview and screening by program staff within twenty-four (24) hours of admission or by the first business day following admission.
(C) A service plan shall be developed within five (5) business days of the client's entry to the Safe Home.
(D) All records regarding the client shall be retained in the client's record at the sponsoring program.
(b) Where required information is not obtained, efforts to comply with the requirements of this subsection shall be documented in the client record.
(c) Compliance with this 75:30-3-3.1 shall be determined by a review of client records, policy and procedures, call logs, and/or other supporting documentation.
75:30-5-4. Client confidentiality (a) Protecting the confidentiality of trafficking victims is critical to protecting their safety and establishing trust. Case or client records, files or notes, of a certified sexual assault program for adult victims of trafficking program shall be confidential and shall only be released under certain prescribed conditions pursuant to Oklahoma law (74 O.S. § 18p-3).
(b) The program shall have written policy and procedures to ensure confidentiality of client information and identity and shelter location and govern the disclosure of information including verbal disclosure contained in client records. When a client record is established, the program shall discuss the confidentiality requirements and limitations with each client and maintain documentation in the client record that they have reviewed the circumstances under which confidential information may be revealed. Assisting trafficking victims requires the release of confidential information more often, and to more organizations, than when assisting non-trafficked victims. This is particularly true if the victim is seeking certification from HHS or ORR. Staff should always obtain the informed, written consent of the victim when relaying confidential information to any person, including law enforcement, federal prosecutors, state attorneys, victim advocates and social services agencies. The written consent forms must be translated into the victim's native language, state the name of the person or organization receiving the information, and contain an expiration date. The person or agency receiving the information should be asked to complete a form that agrees to keep the information confidential, and should screen all referral sources for any potential conflict prior to release of information.
(c) Compliance with 75:30-3-4 shall be determined by a review of the program's policy and procedures; and on-site observation of the handling and review of client records.
75:30-5-5. Physical safety and integrity of client records (a) Client records shall be maintained in a locked and secure manner. The program shall have written policies and procedures to safeguard the record and information contained in the record against loss, theft, defacement, tampering, or unauthorized access or use.
(b) Compliance with 75:30-3-5 shall be determined by a review of the program policy and procedures; on-site review of locking mechanisms and procedures to assure security; and onsite observation of the handling of client records.
75:30-5-6. Client record, handling, retention, and disposal (a) A program shall have written policy and procedures addressing the storage, retention period, and method of disposal of client records. This policy and procedures shall be compatible with protecting clients' rights against unauthorized confidential information disclosures.
(b) Client records shall be easily retrieved by staff as needed for providing and documenting services.
(c) Compliance with 75:30-3-6 shall be determined by a review of the program's policy and procedures, and a review of office and files.
SUBCHAPTER 7. Physical Environments 75:30-7-1. Physical plant, primary role (a) The primary role of programs is to provide safety; and to protect the confidentiality and privacy of victims of sexual violence as a result of human trafficking. The physical plants of programs shall not be utilized in any manner which fails to guarantee the confidentiality, safety, and protection of the victims, their dependents and staff.
(b) Facilities that serve both victims of sexual violence as a result of human trafficking as well as domestic victims of domestic violence, sexual assault, stalking and/or batterers in the same facility shall have written procedures to ensure that its services do not jeopardize the safety and psychological well being of sex trafficking victims.
(c) Programs shall obtain written permission from the Office of the Attorney General Victims Services Unit before using any shelter or housing option, for purposes other than housing for victims of sex trafficking.
(d) Compliance with 75:30-4-1 shall be determined by a review of program policies and procedures and a tour of the facility.
75:30-7-2. Fire and safety codes and inspections (a) The physical environments of shelter facilities, housing options and all office space shall meet safety, zoning, and building code regulations required by local, state, and federal authorities; and shall obtain and maintain an annual fire and safety inspection from local or state authorities.
(b) Compliance with 75:30-4-2 shall be determined by a review of the annual fire and safety inspection report.
75:30-7-3. Fire fighting and first aid equipment (a) All facilities shall have a first aid supply kit and annually maintained fire extinguishers.
(b) Compliance with 75:30-4-3 shall be determined by on-site observation and by interviewing staff.
75:30-7-4. Disaster procedures (a) There shall be written procedures describing the emergency plans in case of a disaster, whether internal or external, or in case of threat to the safety of any client or staff person. Evacuation routes, inside sheltering sites, and fire extinguisher locations shall be posted.
(b) Fire, tornado, bomb threat and intruder drills shall be conducted annually. The date, time, and type of the drill shall be documented.
(c) Compliance with 75:30-4-4 shall be determined by on-site observation, a review of written procedures, staff interviews, and documentation of drills.
75:30-7-5. Persons with special needs (a) Pursuant to the Americans with Disabilities Act of 1990, the program shall ensure that persons with disabilities are not excluded from services. Programs are required to integrate a person with a disability into agency services, unless providing separate services is the only way to provide equal opportunities for services. Referrals must be provided when necessary, and the program shall have written procedures for referrals of disabled persons who can not be served on-site. Service and companion animals should be allowed in facilities unless the animal poses a direct threat to the health/safety of others. Auxiliary aids/services should be provided as necessary to ensure effective communication unless doing so would cause an undue burden (i.e., significant difficulty or expense) or fundamental alteration in services. Alterations to existing buildings must be accessible to the maximum extent feasible. All newly constructed facilities must be accessible to persons with disabilities unless it is structurally impractical. (Americans with Disabilities Act of 1990) Resource: Americans with Disabilities Handbook, published by (U.S.) Equal Employment Opportunities Commission, and the (U.S.) Department of Justice.
(b) Compliance with 75:30-4-5 shall be determined by a review of program policy and procedures.
75:30-7-6. Program environment (a) The program environment shall meet the following conditions:
(1) The facility shall be accessible by an all-weather road.
(2) The facility shall have adequate space in which to carry out the program's goals and objectives, including outdoor areas and equipment when appropriate.
(3) The facility shall have heating and air conditioning equipment adequate to maintain the temperature in areas utilized by clients at between 65°F and 85°F.
(4) The facility shall have adequate ventilation and air circulation provided in the facility to assure an environment that will be comfortable for the clients.
(5) The facility shall have water from an approved tested potable source.
(6) The facility shall have, at minimum, a commode and, lavatory facility. The privacy of individuals shall be assured while using these facilities.
(7) All doors, including those for each closet, bedroom, bathroom, and office, shall be easily opened from both sides.
(8) Smoking shall not be allowed in any indoor portion of any facility.
(9) Facility sanitation shall be maintained to prevent offensive odors and insect infestation.
(10) All facilities shall have emergency back up lighting.
(11) Telephones shall be provided for the convenience of the staff, and the necessary accommodation of the clients. Pay telephones only are not acceptable.
(12) There shall be written policy and procedures addressing the use of any outdoor recreational space.
(13) Toxic materials and dangerous substances, such as toxic cleaners, insecticides, and matches shall be stored in a non-client area, locked space.
(14) Combustible materials shall be stored in locked non-flammable containers.
(15) The Poison Control Center's toll-free telephone number shall be posted and visible to staff and clients at all times.
(b) Compliance with 75:30-4-6 shall be determined by a review of program policy and procedures, staff and client interviews, and on-site observation.
75:30-7-7. Program environment, shelter (a) All certified shelters shall comply with section 75:30-4-6 and the following:
(1) The facility shall have access to outdoor recreational space. The grounds and access thereto shall be maintained in a manner that shall ensure the area is free of any hazard to health or safety.
(2) Kitchens used for meal preparation in the residential facility shall be provided with the necessary equipment for the preparation, storage, serving, and clean-up of all meals. All equipment shall be maintained in working order.
(3) Provisions shall be made to assist or make food available for meal preparation that accommodates special diets.
(4) The facility shall have, at minimum, a commode, lavatory, and bathing facility at a ratio of one (1) to twelve (12) residents. The privacy of individuals or families shall be assured while using these facilities.
(5) Residents' rooms shall be so arranged that the client has direct access to a hallway or common area without having to pass through other resident's rooms or areas.
(6) There shall be written policy and procedures for laundry and linens, addressing frequency of changing linens, and laundry arrangements within the facility.
(7) Laundry equipment shall be provided within the residential facility, and shall be kept clean, well-maintained, and properly ventilated.
(8) Reasonable space shall be provided for storage of clients' personal belongings.
(9) Written policy and procedures shall address secure storage of client valuables.
(10) Written policy and procedures shall address the secure handling and storage of client medications, including policy to document client access to medication.
(11) The facility shall be secured by double locks or locking devices such as chains, bolts, etc. on ground floor doors. However, documentation that the locking system meets state and local fire code inspection shall be accepted. When key-locked deadbolts are used, the location of the keys must be identified and readily accessible.
(12) All outdoor openings such as windows shall be covered for privacy.
(13) Provision shall be made for cleaning the facility minimally once per week. A written work schedule or other form of notification shall be posted, which clearly delineates each individual's responsibility for various tasks.
(b) Compliance with 75:30-4-7 shall be determined by a review of program policy and procedures; shelter rules, staff and client interviews where appropriate, and on-site observation.
75:30-7-8. Program environment, Safe Home services program (a) All Safe Home services programs shall comply with section 75:30-4-6 (a) (1)-(11) and the following:
(1) The facility shall have, at minimum, a commode, lavatory, and bathing facility at a ratio of one (1) for every eight (8) persons. The privacy of individuals or families
shall be assured while using these facilities.
(2) Written policy and procedures shall address the secure handling and storage of client medications, including policy to document client access to medication.
(3)The Safe Home shall be secured by double locks or locking devices such as chains, bolts, etc. on ground floor doors which meets state and local fire code inspection. When key-locked deadbolts are used, the location of the keys must be identified and readily accessible.
(4) All outdoor openings such as windows shall be covered for privacy.
(b) Compliance with 75:30-4-8 shall be determined by a review of program policy and procedures, provider and client interviews where appropriate, and on-site observation.
SUBCHAPTER 9. Program Management and Performance Improvement 75:30-9-1. Admission criteria (a) The agency shall have specific written criteria for each program service component identifying persons for whom the services are intended, and persons who are excluded from receiving services.
(b) The program shall have a written policy requiring referral of any individual who does not meet services criteria.
(c) Compliance with 75:30-9-1 shall be determined by a review of written program policy and procedures.
75:30-9-2. Program management, policy and procedures (a) The agency shall maintain written policy and procedures which describe each program service component, the rules client's are expected to follow for each component, and staff duties. Policies shall include but are not limited to:
(1) Length of stay limitations, if any.
(2) Participation in housekeeping, food preparation or other activities, if applicable.
(b) Clients shall be given a copy of program rules and the provision of such shall be documented in the client record.
(c) The program shall have a written policy of the intent to comply with the Americans with Disabilities Act of 1990.
(d) Compliance with 75:30-5-2 shall be determined by a review of the program's written policy and procedures; rules; client interviews and record documentation.
75:30-9-3. Program mission and goals (a) The program shall have a written mission statement, and annually state in writing the program's goals.
(b) The annual program goals shall be approved by the agency's governing body each year, and shall be disseminated to personnel and volunteers.
(c) Compliance with 75:30-5-7 shall be determined by a review of the mission statement, program's annual goals, governing body minutes, staff meeting minutes and any other relevant documentation provided by the program.
75:30-9-4. Annual program evaluation (a) The agency shall conduct an annual evaluation of the program's services, facilities and policy and procedures. This evaluation shall be carried out according to a written plan established in policy and procedures to include the plan of evaluation, data to be reviewed, and the persons to conduct the evaluation, e.g., governing body members, staff, or other persons. The evaluation shall include an assessment to identify special populations of victims of sexual assault, domestic violence and stalking who are underserved or who have special needs.
(b) Upon completion, this evaluation shall be submitted and reviewed by the governing
body, and made available to personnel and volunteers.
(c) Compliance with 75:30-5-8 shall be determined by a review of the program evaluation, policy and procedures, staff meeting minutes and/or any other supporting documentation.
75:30-9-5. Critical incidents (a) The program shall have policy and procedures requiring documentation and reporting of critical incidents.
(b) Each critical incident shall be recorded and monitored as follows:
(1) agency name and name and signature of the person(s) reporting the critical incident;
(2) Client ID(s), staff member(s), and/or property, involved in the critical incident;
(3) the date, time and physical location of the critical incident, if known, and the name of the staff person the incident was reported to;
(4) a description of the incident;
(5) severity of each injury, if applicable. Severity shall be indicated as follows:
(A) no off-site medical care required or first aid care administered on-site;
(B) medical care by a physician or nurse or follow-up attention required; or
(C) hospitalization or immediate off-site medical attention was required;
(6) resolution or action taken, date action taken and signature of the agency director or authorized designee;
(c) Critical incidents that shall be reported to the Office of the Attorney General are reported as follows:
(1) Critical incidents requiring medical care by a physician or nurse or follow-up attention and incidents requiring hospitalization or immediate off-site medical attention shall be delivered via fax or mail to the Office of the Attorney General Victims Services Unit within forty-eight (48) hours, or if the incident occurs on a weekend or holiday, the next business day of the incident being documented.
(2) Critical incidents involving disaster at a facility, death or client abuse shall be reported to the Safeline at 1-800-522-7233 immediately via telephone. The notification shall be followed with a written report from the reporting agency within twenty-four (24) hours of the incident and delivered via fax or mail to the Office of the Attorney General Victims Services Unit.
(d) Compliance with 75:30-5-9 shall be determined by a review of policy and procedures, critical incident reports at the program and those submitted to the Office of the Attorney General Victims Services Unit.
SUBCHAPTER 11. Personnel and Volunteers 75:30-11-1. Personnel policies and procedures (a) The program shall have written policies and procedures governing the conditions of agency employment to include appropriate screening and background inquiries to ensure client safety and confidentiality.
(b) The agency's policy and procedures shall be accessible to all personnel and each shall be informed of personnel policies and procedures, and any other materials regulating or governing the conditions of their employment.
(c) Written policies and procedures shall ensure personnel are informed of any changes to these a fore stated materials.
(d) Compliance with 75:30-6-1 shall be determined by a review of the program's personnel policies and procedures, interviews with staff, review of staff meeting minutes and/or other supporting documentation.
75:30-11-2. Non-discrimination (a) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with personnel in accordance with applicable state and federal laws.
(b) Compliance with 75:30-6-3 shall be determined by a review of the program's written policy and procedure, and staff interviews.
75:30-11-3. Selection of personnel (a) The methods for selecting personnel shall be described in policy and procedures and shall include, but not be limited to:
(1) The processes for recruitment, selection and appointment; and
(2) Written criteria demonstrably related to the position being filled.
(b) Compliance with 75:30-6-4 shall be determined by:
(1) A review of the policies and procedures.
(2) A review of job descriptions for personnel.
(3) A review of any other supporting documentation.
75:30-11-4. Job descriptions, personnel (a) The agency shall have written job descriptions for personnel defining the duties of, and minimum qualifications for, each position.
(b) Compliance with 75:30-6-5 shall be determined by:
(1) a review of the program's policies and procedures, and
(2) a review of the program's job descriptions.
75:30-11-5. Personnel records (a) The agency shall maintain record(s) for each staff member selected and utilized; documentation shall minimally include:
(1) job description;
(2) employment application or resume;
(3) documentation of current qualifications and training as required and defined in the job description;
(4) duty or work assignment;
(5) record of hours worked or hours of service performed;
(6) record of participation in training;
(7) staff performance evaluation(s); and
(8) emergency notification information.
(b) Compliance with 75:30-6-8 shall be determined by a review of personnel records.
75:30-11-6. Supervision of personnel (a) A certified program shall establish in writing lines of supervision for all personnel.
(b) Compliance with 75:30-6-9 shall be determined through a review of the program's policy and procedures, or any other supporting documentation provided, including but not limited to, personnel manuals, organizational charts, job descriptions, and personnel files.
75:30-11-7. Performance evaluation of personnel (a) The agency shall have policies and procedures mandating the evaluation of personnel employment and service performance. These policies and procedures shall minimally include:
(1) performance evaluations shall be completed at least annually, to include an evaluation of the Executive Director;
(2) define the reason(s) for any evaluation other than annual;
(3) performance evaluations shall be in writing and based on the staff's job description;
(4) each evaluation shall be individually discussed with the staff;
(5) personnel shall have a documented opportunity to respond, in writing, to each of their individual performance evaluations;
(6) both staff and supervisor shall sign and date the performance evaluation. However, the evaluation document shall state the staff's signature does not necessarily constitute agreement with the evaluation content.
(b) Compliance with 75:30-6-10 shall be determined by a review of:
(1) program policies and procedures, governing authority meeting minutes where applicable, and
(2) review of personnel files
75:30-11-8. Volunteer policies and procedures (a) The program shall have written policies and procedures governing volunteer utilization to include appropriate screening and background inquiries to ensure client safety and confidentiality.
(b) The agency's policies and procedures shall include provisions for non-discrimination with regard to the agency's relationship with volunteers in accordance with applicable state and federal laws.
(c) Compliance with 75:30-6-12 shall be determined by a review of the program's written policy and procedure, and volunteer interviews.
75:30-11-9. Supervision of volunteers (a) A certified program shall establish in writing lines of supervision for all volunteers.
(b) A certified program shall ensure each volunteer has the knowledge appropriate to his or her job duties and are supervised by personnel.
(c) Compliance with 75:30-6-13 shall be determined through a review of the program's policy and procedures, and any other supporting documentation provided, including but not limited to, volunteer manuals, and organizational charts.
75:30-11-10. Volunteer records (a) The agency shall maintain record(s) for each volunteer selected and utilized; documentation shall minimally include:
(1) duty or work assignment;
(2) record of hours worked or hours of service performed;
(3) record of participation in training; and
(4) emergency notification information.
(b) Compliance with 75:30-6-14 shall be determined by a review of personnel records.
75:30-11-12. Orientation - general, personnel and volunteers (a) Personnel and volunteers must receive specific training to understand the unique needs of trafficking victims.
(b) A certified program shall provide a minimum of 16 hours orientation training that incorporates the use of adult learning techniques (i.e., scenarios, role playing)to familiarize new personnel and volunteers providing direct services with the program which includes, but is not limited to:
(1) Program goals and services of each service component;
(2) Program policy and procedures;
(3) Confidentiality, to include verbal confidentiality whether inside or outside the facility and client records;
(4) Facility safety and disaster plans;
(5) First aid kits and fire extinguishers, their location, contents and use;
(6) Universal precautions;
(7) Interviewing a person staff suspects is a victim of trafficking;
(8) Interviewing known victims of trafficking;
(9) Hotline calls from trafficking victims and active and empathetic listening techniques;
(10) Use of interpreters, and related technology;
(11) Safety planning for sex trafficking victims;
(12) Relationships with victim's family;
(13) Dynamics involved in the prosecution of persons who commit human trafficking;
(14) General familiarity with immigration issues;
(15) General familiarity with available benefits;
(16) Staff trauma and self care;
(17) Client rights;
(18) Power and control tactics of abuse;
(19) Crisis
intervention techniques;
(20) Dynamics and impact of Sexual assault;
(21) Dynamics and impact of captivity and trafficking;
(22) Parenting and disciplinary techniques;
(23) Accessing resources needed by victims and their families including how to ensure services and access resources for persons with disabilities;
(24) Mental health issues
(25) Legal and ethical issues;
(26) Diversity and cultural sensitivity, and
(27) Effects of trauma, including post traumatic stress disorder.
(c) Volunteers providing indirect services are required to complete orientation as prescribed by the Executive Director which shall include training on confidentiality and facility safety and disaster plans.
(d) Orientation for personnel must take place within 30 days of employment or prior to unsupervised direct client contact and services. Volunteer orientation must occur within 6 months or prior to unsupervised, direct client contact and services. The Executive Director of a facility may waive orientation training if documented that the staff or volunteer has completed the requisite program training within the past year.
(e) Compliance with 75:30-6-20.1 shall be determined by a review of the written policies and procedures, and personnel and volunteer training manuals and records.
75:30-11-12.1. Inservice and ongoing training for personnel and volunteers (a) A certified program shall have policy and procedures mandating, at the minimum, sixteen (16) hours of annual training of all staff which shall include:
(1) Confidentiality, to include verbal confidentiality whether inside or outside the facility and client records;
(2) Facility safety and disaster plans;
(3) First aid kits and fire extinguishers, their location, contents and use;
(4) Universal precautions,
(5) Client rights and;
(6) Legal and ethical issues.
(7) The remaining hours of annual training shall be related to sex trafficking and administration as prescribed and approved by the Executive Director.
(b) A certified program shall have policy and procedures mandating a minimum of four hours annual training of all volunteers providing direct services, related to sex trafficking as prescribed and approved by the Executive Director.
(c) Individuals that volunteer indirect services and do not meet the requirements for a volunteer providing direct services as defined in OAC 75:30-1-2 shall receive annual training as prescribed by the Executive Director, but do not have a minimum number of training hours required.
(d) Documentation of training must include the topic of the training, the name of the trainer(s), the date of the training, the length of the training session, the sponsor of the training, and approval of the training by the Executive Director of the agency.
(e) Compliance with 75:30-6-20.2 shall be determined by a review of policy and procedures; review of training records and other provided documentation of personnel training; and a review of personnel or volunteer records.
75:30-11-13. Personnel training, sexual assault services (a) Prior to providing any direct services, all sexual assault services staff shall receive a minimum of six(6)hours classroom training in addition to basic orientation which shall include but not be limited to:
(1) Sexual abuse within the family (i.e., incest, sibling abuse, marital and domestic relationship rapes).
(2) Sexual assault outside the family (i.e., stranger, non-stranger, abuse by professionals, sexual harassment and bullying).
(3) Sexual assault within institutions (i.e., nursing homes, residential facilities, prisons, military)
(4) Commercial sexual exploitation (i.e., prostitution, trafficking, pornography, escort services).
(5) Non-traditional client populations (i.e., males, victims of same sex, bisexual or transgender, non-English speaking, undocumented immigrants, victims with cognitive disabilities or who are deaf or hard of hearing).
(6) Other topics to increase skills such as post-traumatic stress syndrome as it relates to rape trauma, rape trauma syndrome, self-injury and alcohol and drug use.
(b) Compliance with 75:30-6-24 shall be determined by:
(1) Review of program's policy and procedures.
(2) Review of program's training records and other provided documentation of staff training.
(3) Review of personnel or volunteer records.
75:30-11-14. Provider training, Safe Home services (a) Prior to providing any direct services, all Safe Home providers shall minimally receive ten (10) training hours provided by a staff member of a human trafficking program certified to provide Safe Home services, which shall minimally include:
(1) the nature and scope of domestic violence and and sex trafficking including its effects on victims and children;
(2) societal attitudes toward domestic violence and sexual assault;
(3) orientation in the services, structure, philosophy and history of the sponsoring agency;
(4) safety planning and disaster plans;
(5) first aid kit and fire extinguisher use;
(6) confidentiality, to include verbal confidentiality whether inside or outside the home;
(7) client rights; and
(8) universal precautions.
(b) The program shall have policy and procedures mandating a minimum of four (4) hours annual training for Safe Home providers.
(c) Compliance with 75:30-6-25 shall be determined by:
(1) Review of program's policy and procedures.
(2) Review of program's training records.
SUBCHAPTER 13. Governing Authority 75:30-13-1. Governing authority (a) The agency shall have a governing authority. In the instance of Native American programs, the tribal council may be the governing body.
(b) The governing authority shall establish, and function under, written by-laws. These bylaws shall minimally include:
(1) Designation of regular quarterly meetings to be held in accordance with the Open Meeting Act;
(2) Recording and retention of written minutes;
(3) Eligibility criteria, selection, terms, responsibilities, power and duties of members;
(4) Term limitations, removal and filling of vacancies;
(5) Attendance policy;
(6) Prohibition on staff serving as voting members of the governing authority,
(7) Establishment of a quorum, and
(8) Conflict of interest agreement.
(c) Compliance with 75:30-7-1 shall be determined by:
(1) Documents of incorporation or registration as a business entity or documentation from the appropriate Tribal Council.
(2) Review of the written by-laws.
(3) Review of the governing authority's minutes.
75:30-13-2. Duties of the governing authority (a) The duties of the governing authority shall include, but are not limited to:
(1) Approving all policy for the operation of the agency, and ensuring procedures for the implementation of policy are in place and enforced.
(2) Ensuring the agency operates in compliance with established agency policy, applicable state and federal law and administrative rules.
(3) Compliance with the by-laws of the governing authority.
(4) Ensuring all financial transactions and events requiring the approval of the governing authority are reviewed and authorized by the governing authority prior to any commitment by agency personnel.
(5) The selection, annual evaluation and continuance of retention of the Executive Director.
(6) Review and approve all contractual agreements.
(7) Review the program audit and site visit reports from the VSU and approve all plans of correction.
(8) Oversee the financial administration of the program.
(b) Compliance with 75:30-7-3 shall be determined by a review of:
(1) by-laws and minutes of the meetings of the governing authority;
(2) posted, or otherwise distributed, written materials regarding decisions, and other notifications, of the governing authority;
(3) personnel meeting minutes of the program and its various divisions or geographical locations where applicable; and
(4) written evaluation, and any other documentation regarding the retention or selection or hiring, of the Executive Director.
75:30-13-3. Governing authority, meeting minutes (a) Minutes of the governing authority shall be kept in written form; reviewed at the next following meeting; corrected if such is approved; and signed by the presiding or authorized officer or chairperson.
(b) Meeting minutes shall include, but are not limited to, recording of:
(1) the date, time and place of the meeting;
(2) names of those members attending;
(3) whether, or not, the meeting was convened; and if not why;
(4) approval of minutes from past meeting.
(5) topics and issues discussed and decisions reached;
(6) recording of motions and of votes on the motion; and
(7) time of adjournment.
(c) Compliance with 75:30-7-4 shall be determined by the review of the meeting minutes of the governing authority.
75:30-13-4. Governing authority, orientation (a) A certified program shall provide a minimum of 2 hours orientation training to members of the governing authority which includes, but is not limited to:
(1) Program goals and services of each service component;
(2) Program policy and procedures;
(3) Underlying philosophy [OAC 75:30-1-1.1];
(4) Confidentiality, to include verbal confidentiality whether inside or outside of the facility and client records;
(5) Client rights and grievance procedure;
(6) Legal and ethical issues;
(7) Overview of domestic violence, sexual assault, including sexual violence as a result of human trafficking, and stalking;
(8) Open Meeting Act and recording of meeting minutes;
(9) Open Records Act;
(10) Rules, including standards and criteria to ensure multi-cultural needs of clients are met, used in certifying programs;
(11) Role and responsibility of the Executive Director; and
(12) Role and responsibility of the governing authority.
(b) Orientation training shall take place within 90 days of election to the governing authority.
(c) Members of the governing authority providing volunteer
direct or indirect services to clients shall receive the prescribed orientation and training required for program personnel in addition to the orientation set forth in this Section.
(d) Compliance with 75:30-7-5 shall be determined by a review of written policy and procedures, training materials, training records, and minutes of meetings.
SUBCHAPTER 15. Client Rights, for Adult Victims of Sex Trafficking Programs 75:30-15-1. Applicability This Part is applicable to those domestic violence, and sexual assault programs and shelters certified by the OAG pursuant to 74 O.S. § 18p-1 et seq.
75:30-15-2. Client rights (a) Each client shall have and enjoy all constitutional and statutory rights of all citizens of the State of Oklahoma and the United States, unless abridged through due process of law by a court of competent jurisdiction. Each program shall ensure each client has the rights which are listed below:
(1) Each client has the right to be treated with respect and dignity. This shall be construed to protect and promote human dignity and respect for individual dignity.
(2) Each client has the right to a safe, sanitary, and humane living environment.
(3) Each client has the right to a humane psychological environment protecting him or her from harm, abuse, and neglect.
(4) Each client has the right to an environment which provides reasonable privacy, promotes personal dignity, and provides opportunity for the client to improve her or his functioning.
(5) Each client has the right to receive services suited to her or his needs without regard to his or her race, religion, sex, ethnic origin, age, degree of disability, handicapping condition, legal status, or ability to pay for the services.
(6) Each client, on admission, has the absolute right to communicate with a relative, friend, clergy, or attorney, by telephone or mail, at the expense of the program if the client is indigent.
(7) Each client shall have and retain the right to confidential communication with an attorney, personal physician, or clergy.
(8) Each client has the right to uncensored, private communications including, but not limited to, letters and telephone calls. Copies of any personal letter, sent or received, by a client shall not be kept in her or his client record without the written consent of the client.
(9) No client shall be neglected or sexually, physically, verbally, or otherwise abused.
(10) Each client shall have the right to practice his or her own religious beliefs, and be afforded the opportunity for religious worship that does not infringe on the health or safety of others. No client shall be coerced into engaging in, or refraining from, any personal religious activity, practice, or belief.
(11) Each client has the right to be provided with prompt, competent, appropriate services and an individualized service plan.
(A) The client shall be afforded the opportunity to participate in her or his service plan.
(B) The client may consent, or refuse to consent, to the proposed services.
(12) The records of each client shall be treated as confidential.
(13) Each client has the right to refuse to participate in any research project or medical experiment without informed consent of the client, as defined by law. A refusal to participate shall not affect the services available to the client.
(14) Each client has the right to assert grievances with respect to any alleged infringement of these stated rights of clients, or any other subsequently statutorily granted rights.
(15) No client shall ever be retaliated against, or subject to, any adverse conditions or services solely or partially because of having asserted her or his rights as stated in this section.
(16) Each client has the right to review his or her own records, or authorize his or her attorney or others to do so. However, where the program is providing the treatment of a mental health or substance abuse illness, the provisions of 43A O.S. § 1-109 and 42 CFR then apply. Each client also has the right that all information and records regarding him or her shall be treated as confidential.
(17) Each client has the right to know why services are refused and can expect an explanation concerning the reason he or she was refused certain services.
(b) Each client shall be given a copy of these rights and the provision of such shall be documented in the client record.
(c) Programs shall have written policy and procedures to ensure each client enjoys, and has explained to him or her, these rights; and these rights are visibly posted in client areas of the facility.
(d) The OAG, in any investigation or program monitoring regarding client rights, shall have unimpeded access to clients, program records and program staff.
75:30-15-3. Client grievance policy and procedures Each program shall have a written client grievance policy providing for, but not limited to, the following:
(1) Written notice of the grievance and appeal procedure provided to the client; and, if involved with the client, to family members or significant others;
(2) Time frames for the grievance policy's procedures, which allow for an expedient resolution of client grievances shall be seven (7) days unless appealed;
(3) Name(s) of the individual(s) who are responsible for coordinating the grievance policy and the individual responsible for or authority to make decision(s) for resolution of the grievance and the individual responsible for or authorized to make decisions for resolution of grievance. In the instance where the decision maker is the subject of a grievance, decision-making authority shall be delegated;
(4) Provide for notice to the client that he or she has a right to make a complaint to the OAG Victims Services Unit.
(5) Clients shall be given a copy of the grievance policy including the right to make a complaint to the OAG and the provision of such shall be documented in the client record;
(6) Mechanism to monitor the grievance process and improve performance based on outcomes; and
(7) Annual review of the grievance policy and procedures, with revisions as needed.
[OAR Docket #11-832; filed 6-2-11]
TITLE 87. Oklahoma State Employees Benefits Council CHAPTER 10. Flexible Benefits Plan PERMANENT final adoption
Subchapter 1. General Provisions
87:10-1-2. Definitions [AMENDED]
Subchapter 13. Eligibility Requirements
87:10-13-3. Termination of participation [AMENDED]
Oklahoma State Employees Benefits Council; 74 O.S.2001 §1366(B)
Comment Period:
March 1, 2011 through March 31, 2011
Public
Hearing:
March 31, 2011
Adoption:
March 31, 2011
Submitted to Governor:
March 31, 2011
Submitted to House:
March 31, 2011
Submitted to Senate:
March 31, 2011
Gubernatorial approval:
May 3, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 27, 2011
Final adoption:
May 27, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: Superseded rules:
Subchapter 1. General Provisions
87:10-1-2. Definitions [AMENDED]
Subchapter 13. Eligibility Requirements
87:10-13-3. Termination of participation [AMENDED]
Gubernatorial approval:
December 27, 2010
Register publication:
28 Ok Reg 433
Docket number:
11-04
INCORPORATIONS BY REFERENCE: n/a
These permanent administrative rules are identical to and supersede emergency rules approved by Governor Brad Henry on December 27, 2010. These rules are necessary to bring the administrative rules that govern the administration of the State's flexible benefits plan into compliance with the Patient Protection and Affordable Care Act, Public Law 111-148, enacted March 23, 2010, and the Health Care and Education Reconciliation Act, Public Law 111-152, enacted March 30, 2010, as implemented at 26 CFR 54.9815-2714, 29 CFR 2590.715-2714, 45 CFR 147.120, as published on May 13, 2010, in Volume 75, Number 92, Federal Register, 27122.
These permanent administrative rules revise Subchapters 1 and 13 of Chapter 10 of Title 87 of the Oklahoma Administrate Code. Chapter 10 serves as the "Plan Document" for the administration of the flexible benefits plan for active Oklahoma state employees. These revisions are necessary to prevent the "Plan Document" from being in violation of federal law referenced above. Said revisions are limited to changes to the definition of "dependent" and striking a reference to "student status," which is no longer applicable.
Craig A. Cates, Executive Manager, Agency & Regulatory Affairs and Human Resources, Oklahoma State Employees Benefits Council, 120 North Robinson Avenue, Suite 1100, Oklahoma City, Oklahoma 73102, 405-609-3440
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 1. General Provisions The following words or terms, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise, and wherever appropriate, the singular shall include the plural, the plural shall include the singular, and the use of any gender shall include the other gender.
"Account" means a record keeping account established on the books of the Plan Administrator.
"Act" means the Oklahoma State Employees Benefits Act, 74 O.S. Supp 1992, Section 1361 et seq.
"Authorized Submission Procedure" means an acceptable method of submitting enrollment and/or change documents which may include submission via electronic transmissions to the Plan Administrator.
"Board" means the Oklahoma State and Education Employees Group Insurance Board.
"Cafeteria
plan" means an employer-maintained benefit plan under which participants are employees and the participants may choose between cash and nontaxable benefits, as defined in Internal Revenue Code Section 125(d) and regulations promulgated thereunder.
"Change in Status" means a change that a participant may be allowed to make during a Plan Year provided that the change is based on prevailing IRS guidance, is allowed by the Plan Administrator, and complies with all eligibility rules and consistency requirements.
"COBRA" means the Consolidated Omnibus Budget Reconciliation Act of 1985 as it applies to an employee's right to continue certain coverage under the Flexible Benefits Plan.
"Dependent" means the primary member's spouse (if not legally separated), including common law. Dependents also include a member's unmarried or married natural born child, a step child, an adopted child, or a foster child up to the child's twenty-fifth [25th]twenty-sixth [26th] birthday, regardless of residence, provided that the member is primarily responsible for the child's support or a child under legal guardianship. This includes a stepchild or child who lives with the member in a regular parent-child relationship, or a child living with the member in a normal parent-child relationship where the member has adopted the child, or has been appointed guardian by a court. It also includes a stepchild who does not live with the member, when the primary member's spouse is covered by the Plan and has been ordered by a court to provide health insurance for his/her children, regardless of residence. A child may also be covered regardless of age if the child is incapable of self-support because of mental or physical incapacity that existed prior to reaching age twenty-five [25]twenty-six [26]. Coverage is not automatic and must be approved with a review of medical information. A disabled dependent deemed disabled by Social Security does not automatically mean that this disabled dependent will meet the Plan requirements. [74 O.S.Supp.2006, §1303(13)].
"Effective date of the plan" means January 1, 1990 or as restated.
"Employer" or "Employing agency" has the same meaning as "Participating employer" as defined in Section 1363(14) of Title 74.
"Enrollment period" means the period of time, as determined and announced by the Plan Administrator each Plan Year during which eligible employees shall make an election of benefits. The period of time shall end no later than thirty (30) days before the beginning of the Plan Year for which the elections are to be effective.
"Entry date" means the first day of the Plan Year except for an employee who first satisfies the requirements for eligibility during the Plan Year (including rehired employees), in which case the entry date shall be the first day of the month next following the satisfaction of the application requirements for eligibility, in accordance with 87:10-3-1.
"FMLA" means the Family and Medical Leave Act of 1993.
"Flexible Benefits Plan" means the Flexible Benefits Plan authorized pursuant to the State Employees Flexible Benefits Act as modified by the provisions under the State Employees Benefits Act.
"Flexible Benefits Plan Rules" means the rules promulgated by the Plan Administrator to implement and administer the State Employees Flexible Benefits Plan.
"HIPAA" means the Health Insurance Portability and Accountability Act of 1996.
"Internal Revenue Code" means the Internal Revenue Code of 1986 of the United States, 26 USC, I et seq. as amended from time to time.
"Irrevocability Rule" means the rule that requires an enrollment election in any Plan benefit to remain in force throughout the entire Plan Year.
"Period of coverage" means the Plan Year during which coverage of benefits under the Flexible Benefits Plan is available to a participant. An employee who becomes eligible to participate during a Plan Year may participate for a period lasting until the end of that Plan Year. In this case, the interval commencing on the employee's entry date and ending as of the last day of eligibility for that Plan Year.
"Permitted Exception" means an exception allowed to the Irrevocability Rule by the Plan. Any changes based on these exceptions must be on account of and correspond with the underlying event.
"Plan Administrator" means the Oklahoma State Employees Benefits Council.
"QMCSO" means a Qualified Medical Child Support Order.
"Statutory nontaxable benefit" means a benefit provided to a participant under the Flexible Benefits Plan, the value of which is not included in the participant's gross income by a specific provision in the Internal Revenue Code and is permissible under the Flexible Benefits Plan in accordance with Section 125 of the Internal Revenue Code.
"USERRA" refers to the Uniformed Services Employment and Reemployment Rights Act of 1994.
SUBCHAPTER 13. Eligibility Requirements 87:10-13-3. Termination of participation (a) A participant will cease participation in the Flexible Benefits Plan as of the earliest of the following events:
(1) The last day of the month of termination of employment with the employer; or
(2) The last day of the month the participant ceases to be eligible to participate in the Flexible Benefits Plan; or
(3) The date of termination of the Flexible Benefits Plan.
(b) Benefit plan coverage shall terminate as follows:
(1) For termination as a result of voluntary election, the coverage shall terminate on the last day of the month of receipt and approval of a valid change form at the offices of the Plan Administrator.
(2) For termination of coverage as a result of ineligibility other than the loss of student status, the coverage shall terminate on the last day of the month of the event causing the loss of eligibility.
(c) No vendor, including the Board, shall terminate coverage on any participant unless authorized by the Plan Administrator.
[OAR Docket #11-818; filed 6-2-11]
TITLE 165. Corporation Commission CHAPTER 10. Oil & Gas Conservation PERMANENT final adoption
Chapter 10. Oil & Gas Conservation [AMENDED]
Oklahoma Corporation Commission; 17 O.S. §52, 27A O.S. §1-3-101, 52 O.S. §139, 68 O.S. §1001 and OAC 165:5-1-7
Comment period:
December 15, 2010, through February 1, 2011
Public hearing:
Began on February 11, 2011, and reconvened on March 7, 2011
Adoption:
March 7, 2011
Submitted to Governor:
March 9, 2011
Submitted to House:
March 9, 2011
Submitted to Senate:
March 9, 2011
Gubernatorial approval:
April 12, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 6, 2011.
Final adoption:
May 6, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
OAC 165:10-21-45, OAC 165:10-21-47, OAC 165:10-21-47.1, OAC 165:10-21-65, OAC 165:10-21-66, OAC 165:10-21-67, OAC 165:10-21-68 and OAC 165:10-21-69 in Subchapter 21, Applications for Tax Exemptions, were amended to conform to 68 O.S. §1001 and amendments thereto in Enrolled House Bill No. 2432 (2010). Other rules were amended in an effort to update, standardize and streamline language and procedures appearing in OAC 165:10, as well as to address changes in technology, especially with respect to horizontal drilling.
Susan Dennehy Conrad, Assistant General Counsel, Office of General
Counsel, Oklahoma Corporation Commission, 2101 North Lincoln Boulevard, PO Box 52000, Oklahoma City, OK 73152-2000, telephone: (405) 521-3939.
DUE TO EXCESSIVE LENGTH OF THESE RULES (AS DEFINED IN OAC 655:10-7-12), THE FULL TEXT OF THESE RULES WILL NOT BE PUBLISHED. THE RULES ARE AVAILABLE FOR PUBLIC INSPECTION AT THE OKLAHOMA CORPORATION COMMISSION, WESTERN REGIONAL SERVICE OFFICE, JIM THORPE OFFICE BUILDING, 2101 NORTH LINCOLN BOULEVARD, OKLAHOMA CITY, OKLAHOMA, AT THE OKLAHOMA CORPORATION COMMISSION, EASTERN REGIONAL SERVICE OFFICE, KERR BUILDING, 440 SOUTH HOUSTON, SUITE 114, TULSA, OKLAHOMA, AND AT THE SECRETARY OF STATE’S OFFICE OF ADMINISTRATIVE RULES. THE FOLLOWING SUMMARY HAS BEEN PREPARED PURSUANT TO 75 O.S., SECTION 255(B):
OAC 165:10-1-4 is amended to update the list of effective dates for OAC 165:Chapter 10 rulemakings; OAC 165:10-1-7 concerning prescribed forms to renumber certain paragraphs, to delete a reference to one form and to include a reference to obtaining the issuance of a Commission order regarding proposed flow back water pits with a capacity in excess of 50,000 barrels; OAC 165:10-1-10 to delete the requirement that social security numbers be included on OCC Form 1006B Operator Agreements to Plug Oil, Gas and Service Wells Within the State of Oklahoma; OAC 165:10-1-21 to add references to tops of common sources of supply regarding general well spacing requirements; OAC 165:10-1-24 regarding witnessing of tests associated with offpattern wells; OAC 165:10-3-1 concerning the time frame and means by which operators notify the Commission of changes in the method of drilling fluid disposal; OAC 165:10-3-4 regarding notice of hydraulic fracturing operations to Commission staff, use of blowout preventers and associated equipment, and the means by which operators notify the Commission of certain events concerning casing and cementing of wells, and OAC 165:10-3-25, OAC 165:10-3-26, OAC 165:10-3-39, OAC 165:10-5-6, OAC 165:10-5-7, OAC 165:10-5-15, OAC 165:10-7-7, OAC 165:10-7-14 and OAC 165:10-8-7 to modify language concerning the assessment of fines.
OAC 165:10-3-28 is amended to add references to tops of common sources of supply regarding horizontal drilling; OAC 165:10-7-16 concerning who may utilize flow back water pits with capacities in excess of 50,000 barrels and notices of application for permits for flow back water pits with a capacity in excess of 100,000 barrels; OAC 165:10-9-1 regarding the width of the top of berms associated with commercial pits; OAC 165:10-9-3 concerning freeboard levels of pits in commercial disposal well surface facilities; OAC 165:10-11-6 regarding the plugging of rat and mouse holes associated with the drilling of wells; OAC 165:10-11-8 concerning procedures for identification and control of well bores in which radioactive sources have been lost; OAC 165:10-21-45, OAC 165:10-21-47, OAC 165:10-21-47.1, OAC 165:10-21-65, OAC 165:10-21-66, OAC 165:10-21-67, OAC 165:10-21-68 and OAC 165:10-21-69 in Subchapter 21, Applications for Tax Exemptions, in accordance with 68 O.S. §1001 and amendments thereto in Enrolled House Bill No. 2432 (2010) and to streamline refund procedures for deep wells and horizontally drilled producing wells, and Appendix A (Allocated Well Allowable Table), Appendix B (Discovery Well Allowable Table) and Appendix C (Table HD) (Recommended Additional Allowable for Horizontal Oil Wells based on True Vertical Depth and Completion Interval) to add references to completion intervals. The full text of these rules may be obtained by interested parties at the Oklahoma Corporation Commission's Oklahoma City Court Clerk's Office located in the Jim Thorpe Office Building, 2101 North Lincoln Boulevard, Oklahoma City, Oklahoma, 73105, at the Commission's Tulsa Court Clerk's Office located in the Kerr Building at 440 South Houston, Suite 114, Tulsa, Oklahoma, 74127, and on the Commission's website at http://www.occeweb.com.
[OAR Docket #11-819; filed 6-2-11]
TITLE 210. State Department of Education CHAPTER 15. Curriculum and Instruction PERMANENT final adoption
Subchapter 3. Priority Academic Student Skills
Part 23. Instructional Technology
210:15-3-183. Overview [AMENDED]
210:15-3-183.1. Definitions [AMENDED]
210:15-3-184. Introductory level prior to completion of grade 5Standards [AMENDED] AUTHORITY:
70 O. S. § 3-104, State Board of Education
Comment period:
February 1, 2011 through March 23, 2011
Public hearing:
March 24, 2011
Adoption:
March 24, 2011
Submitted to Governor:
March 28, 2011
Submitted to House:
March 28, 2011
Submitted to Senate:
March 28, 2011
Gubernatorial approval:
April 26, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 20, 2011
Final adoption:
May 20, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATION BY REFERENCE: N/A
The rule will bring the Instructional Technology Priority Academic Student Skills (PASS) up-to-date to address the new challenges and opportunities of educational technology.
Connie Holland, 405-521-3308
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN O. S. 75, SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 3. Priority Academic Student Skills PART 23. INSTRUCTIONAL TECHNOLOGY (a) These Priority Academic Student Skills (PASS) have been created using the International Society for Technology in Education (ISTE) National Education Technology Standards (NETS). This has been done in order to provide access to the resources of the ISTE organization and their efforts to correlate the National Education Technology Standards to the national curriculum standards in math, science, language arts, etc.
(b) These standards should not to be viewed as "stand alone" standards for technology, but as technology that facilitates teaching and learning across the entire curriculum. These priority skills were purposely designed to be broad in defining the basic skills for instructional technology statewide.
These PRIORITY ACADEMIC STUDENT SKILLS are the International Society for Technology in Education (ISTE) National Education Technology Standards for Students (NET-S), used with their permission.
210:15-3-183.1. Definitions The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Computer" means a device capable of performing a series of arithmetic or logical operations. A computer is distinguished from a calculating machine, such as an abacus or electronic calculator, by being able to store a computer program (so that it can repeat its operations and make logical decisions) and to store and retrieve data without human intervention.
"Database" means a collection of data arranged for ease and speed of search and retrieval. Also called data bank.
"Distance learning" means a type of education where students work at a site remote from the instructor and communicate via e-mail, electronic forums, videoconferencing and/or other forms of electronic media.
"Multimedia" means the use of computers to present integrated text, graphics, video, animation, and sound.
"Peripheral device" means an electronic device that attaches to a computer, but is not a part of the standard operating hardware. Examples of such devices are disk drives, printers, scanners, drawing tablets, speakers, projectors.
"Productivity tools" means software applications used to perform standard tasks. The most common productivity tools are word processors, spreadsheets, databases, presentation software, email, etc.
"Software" means the programs, routines, and symbolic languages that control the functioning of the hardware and direct its operation.
"Spreadsheet" means an accounting or bookkeeping program for a computer. The display, with multiple columns and rows, that such a program allows to be printed.
"Technology" means the body of knowledge available that is of use in extracting, creating, distributing, manipulating or collecting data and/or information.
"Telecommunications" means the science and technology of communication at a distance by electronic transmission of impulses, as by cable, telephone, radio, computer or television.
"Word processor" means a computer system either specially designed for or capable of word processing.
"Browser" means the program used to search and locate information on the World Wide Web.
"Collaborative Electronic Authoring Tools" means the tools that allow multiple authors from multiple locations simultaneously. Examples: Google? Documents or wikis
"Digital Citizenship" means the Mike Ribble and Gerald Bailey definition of digital citizenship as the norms of appropriate and responsible behavior with regard to technology use, indicated through nine elements. The nine elements are:
(A) Digital Etiquette. Electronic standards of conduct or procedure. Technology users often see this area as one of the most pressing problems when dealing with Digital Citizenship. We recognize inappropriate behavior when we see it, but before people use technology they do not learn digital etiquette (i.e., appropriate conduct). Many people feel uncomfortable talking to others about their digital etiquette. Often rules and regulations are created or the technology is simply banned to stop inappropriate use. It is not enough to create rules and policy, we must teach everyone to become responsible digital citizens in this new society.
(B) Digital Communication. Electronic exchange of information. One of the significant changes within the digital revolution is a person's ability to communicate with other people. In the 19th century, forms of communication were limited. In the 21st century, communication options have exploded to offer a wide variety of choices (e.g., e-mail, cellular phones, instant messaging). The expanding digital communication options have changed everything because people are able to keep in constant communication with anyone else. Now everyone has the opportunity to communicate and collaborate with anyone from anywhere and anytime. Unfortunately, many users have not been taught how to make appropriate decisions when faced with so many different digital communication options.
(C) Digital Literacy. Process of teaching and learning about technology and the use of technology. While schools have made great progress in the area of technology infusion, much remains to be done. A renewed focus must be made on what technologies must be taught as well as how it should be used. New technologies are finding their way into the work place that are not being used in schools (e.g., videoconferencing, online sharing spaces such as wikis). In addition, workers in many different occupations need immediate information (just-in-time information). This process requires sophisticated searching and processing skills (i.e., information literacy). Learners must be taught how to learn in a digital society. In other words, learners must be taught to learn anything, anytime, anywhere. Business, military, and medicine are excellent examples of how technology is being used differently in the 21st century. As new technologies emerge, learners need to learn how to use that technology quickly and appropriately. Digital Citizenship involves educating people in a new way-these individuals need a high degree of information literacy skills.
(D) Digital Access. Full electronic participation in society. Technology users need to be aware of and support electronic access for all to create a foundation for Digital Citizenship. Digital exclusion of any kind does not enhance the growth of users in an electronic society. All people should have fair access to technology no matter who they are. Places or organizations with limited connectivity need to be addressed as well. To become productive citizens, we need to be committed to equal digital access.
(E) Digital Commerce. Electronic buying and selling of goods. Technology users need to understand that a large share of market economy is being done electronically. Legitimate and legal exchanges are occurring, but the buyer or seller need to be aware of the issues associated with it. The mainstream availability of Internet purchases of toys, clothing, cars, food, etc. has become commonplace to many users. At the same time, an equal amount of illegal/immoral goods and services are surfacing such as pornography and gambling. Users need to learn about how to be effective consumers in a new digital economy.
(F) Digital Law. Electronic responsibility for actions and deeds. Digital law deals with the ethics of technology within a society. Unethical use manifests itself in form of theft and/or crime. Ethical use manifests itself in the form of abiding by the laws of society. Users need to understand that stealing or causing damage to other people's work, identity, or property online is a crime. There are certain rules of society that users need to be aware in an ethical society. These laws apply to anyone who works or plays online. Hacking into others information, downloading illegal music, plagiarizing, creating destructive worms, viruses or creating Trojan Horses, sending spam, or stealing anyone's identify or property is unethical.
(G) Digital Rights & Responsibilities. Those
freedoms extended to everyone in a digital world. Just as in the American Constitution where there is a Bill of Rights, there is a basic set of rights extended to every digital citizen. Digital citizens have the right to privacy, free speech, etc. Basic digital rights must be addressed, discussed, and understood in the digital world. With these rights also come responsibilities as well. Users must help define how the technology is to be used in an appropriate manner. In a digital society these two areas must work together for everyone to be productive.
(H) Digital Health & Wellness. Physical and psychological well-being in a digital technology world. Eye safety, repetitive stress syndrome, and sound ergonomic practices are issues that need to be addressed in a new technological world. Beyond the physical issues are those of the psychological issues that are becoming more prevalent such as Internet addiction. Users need to be taught that there inherent dangers of technology. Digital Citizenship includes a culture where technology users are taught how to protect themselves through education and training.
(I) Digital Security (self-protection). Electronic precautions to guarantee safety. In any society, there are individuals who steal, deface, or disrupt other people. The same is true for the digital community. It is not enough to trust other members in the community for our own safety. In our own homes, we put locks on our doors and fire alarms in our houses to provide some level of protection. The same must be true for the digital security. We need to have virus protection, backups of data, and surge control of our equipment. As responsible citizens, we must protect our information from outside forces that might cause disruption or harm.
"Digital Imaging" means objects created from a camera, scanner, etc.
"Digital Media" means digitized content that can be transmitted over the Internet or computer networks including text, graphics, audio, and video.
"Digital Storytelling" means some mix of computer-based images, text, audio, and/or video.
"Digital Tools" means any technological resource including, but not limited to, word processors, presentation tools, desktop publishers, geographical information systems, instant messaging or SMS, audio tools, video tools, mind mapping tools, graphic tools, modeling tools, time line tools, data processing, and spreadsheet tools.
"Editing" means content decisions including additions, deletions, and modifications of text, graphics, etc.
"Electronic Authoring Tools" means computer-based system that allows users to create content.
"File Types" mean
(A) .pdf - portable document file (Adobe Acrobat)
(B) .mpeg - typical music file
(C) .xls - Microsoft Excel? file
(D) .dat - database file
(E) bit/bmp - picture/clip art file
(F) .wmv - Windows movie file
(G) .jpeg - picture file (Most digital cameras take pictures in this format.)
"Graphical Organizers" means Visual representations of knowledge, concepts or ideas.
"Hyperlink" means embedded text directing to a web page or remote site.
"Lifelong Learning"means the "lifelong, voluntary, and self-motivated" pursuit of knowledge for either personal or professional reasons. As such, it not only enhances social inclusion, active citizenship, and personal development, but also competitiveness and employability.
"Mapping Software"means software that chart data on a map.
"Media-Rich Presentation"means mixed media (audio, video, text, still images, animation, video interactivity).
"Online Learning Community"means common place on the Internet that addresses the learning needs of its members.
"Simulation"means acting out or mimicking an actual or probable real-life condition, event, or situation to solve or explore a problem, issue, or topic.
"Streaming Media"means media compressed to be viewed on a Web site.
"Technology"means the body of knowledge available that is of use in extracting, creating, distributing, manipulating or collecting data and/or information.
"(Technology) Applications" means the technology system designed to solve a specific problem.
"Technology Systems"means the interactive and interdependent components of technology (See technology.) that combine to form a solution.
"Upload/Download" means download is moving a digital file (such as a media file or word processing file) from a server where it is stored to a local system for viewing or editing. Upload is moving a digital file from a local system to a server for storage or distribution.
"URL" means the address of a Web page.
210:15-3-184. Introductory level prior to completion of grade 5Standards (a) Standard. The student will demonstrate knowledge of basic operations and concepts.
(1) Use keyboards and other common input and output devices (including adaptive devices when necessary) efficiently and effectively.
(2) Discuss common uses of technology in daily life and the advantages and disadvantages those uses provide.
(b) Standard. The student will demonstrate knowledge of social, ethical, and human issues, discuss basic issues related to responsible use of technology and information and describe personal consequences of inappropriate use.
(c) Standard. The student will demonstrate knowledge of technology productivity tool.
(1) Use general-purpose productivity tools and peripherals to support personal productivity, remediate skill deficits, and facilitate learning throughout the curriculum.
(2) Use technology tools (e.g., multimedia authoring, presentation, Web tools, digital cameras, scanners) for individual and collaborative writing, communication, and publishing activities to create knowledge products for audiences inside and outside the classroom.
(d) Standard. The student will demonstrate knowledge of technology communications tools.
(1) Use technology tools (e.g., multimedia authoring, presentation, Web tools, digital cameras, scanners) for individual and collaborative writing, communication, and publishing activities to create knowledge products for audiences inside and outside the classroom.
(2) Use telecommunications efficiently to access remote information, communicate with others in support of direct and independent learning, and pursue personal interests.
(3) Use telecommunications and online resources (e.g., e-mail, online discussions, Web environments) to participate in collaborative problem-solving activities for the purpose of developing solutions or products for audiences inside and outside the classroom.
(e) Standard. The student will demonstrate knowledge of technology research tools.
(1) Use telecommunications and online resources (e.g., e-mail, online discussions, Web environments) to participate in collaborative problem-solving activities for the purpose of developing solutions or products for audiences inside and outside the classroom.
(2) Use
technology resources (e.g., calculators, data collection probes, videos, educational software) for problem solving, self-directed learning, and extended learning activities.
(3) Determine which technology is useful and select the appropriate tool(s) and technology resources to address a variety of tasks and problems.
(f) Standard. The student will demonstrate knowledge of technology problem-solving and decision-making tools.
(1) Use technology resources (e.g., calculators, data collection probes, videos, educational software) for problem solving, self-directed learning, and extended learning activities.
(2) Determine which technology is useful and select the appropriate tool(s) and technology resources to address a variety of tasks and problems.
(3) Evaluate the accuracy, relevance, appropriateness, comprehensiveness, and bias of electronic information sources.
(a) Creativity and Innovation. Students demonstrate creative thinking, construct knowledge, and develop innovative products and processes using technology. Students will:
(1) apply existing knowledge to generate new ideas, products, or processes.
(2) create original works as a means of personal or group expression.
(3) use models and simulations to explore complex systems and issues.
(4) identify trends and forecast possibilities.
(b) Communication and Collaboration. Students use digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning of others. Students will:
(1) interact, collaborate, and publish with peers, experts, or others employing a variety of digital environments and media.
(2) communicate information and ideas effectively to multiple audiences using a variety of media and formats.
(3) develop cultural understanding and global awareness by engaging with learners of other cultures.
(4) contribute to project teams to produce original works or solve problems.
(c) Research and Information Fluency. Students apply digital tools to gather, evaluate, and use information. Students will:
(1) plan strategies to guide inquiry.
(2) locate, organize, analyze, evaluate, synthesize, and ethically use information from a variety of sources and media.
(3) evaluate and select information sources and digital tools based on the appropriateness to specific tasks.
(4) process data and report results.
(d) Critical Thinking, Problem Solving, and Decision Making. Students use critical thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. Students will:
(1) identify and define authentic problems and significant questions for investigation.
(2) plan and manage activities to develop a solution or complete a project.
(3) collect and analyze data to identify solutions and/or make informed decisions.
(4) use multiple processes and diverse perspectives to explore alternative solutions.
(e) Digital Citizenship. Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior. Students will:
(1) advocate and practice safe, legal, and responsible use of information and technology.
(2) exhibit a positive attitude toward using technology that supports collaboration, learning, and productivity.
(3) demonstrate personal responsibility for lifelong learning.
(4) exhibit leadership for digital citizenship.
(f) Technology Operations and Concepts. Students demonstrate a sound understanding of technology concepts, systems, and operations. Students will:
(1) understand and use technology systems.
(2) select and use applications effectively and productively.
(3) troubleshoot systems and applications.
(4) transfer current knowledge to learning of new technologies.
[OAR Docket #11-867; filed 6-9-11]
TITLE 210. State Department of Education CHAPTER 15. Curriculum and Instruction PERMANENT final adoption
Subchapter 4. Common Core State Standards [NEW]
210:15-4-1. Purpose [NEW]
210:15-4-2. Definitions [NEW]
210:15-4-3 Adoption and implementation [NEW]
70 O. S. § 3-104, State Board of Education
Comment period:
February 1, 2011 through March 23, 2011
Public hearing:
March 24, 2011
Adoption:
March 24, 2011
Submitted to Governor:
March 28, 2011
Submitted to House:
March 28, 2011
Submitted to Senate:
March 28, 2011
Gubernatorial approval:
April 26, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 20, 2011
Final adoption:
May 20, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: Superseded rules:
Subchapter 4. Common Core State Standards [NEW]
210:15-4-1. Purpose [NEW]
210:15-4-2. Definitions [NEW]
210:15-4-3 Adoption and implementation [NEW]
Gubernatorial approval:
July 6, 2010
Register Publication:
27 Ok Reg 2645
Docket Number:
10-1129
INCORPORATION BY REFERENCE: N/A
The new rules explain the purpose, provide definitions, and describe adoption and implementation procedures for the Common Core State Standards. The rules direct that the Common Core State Standards for English Language Arts, Literacy in History/Social Studies and Science, and Mathematics shall be adopted and implemented. The rules also provide a process for reviewing, revising, and supplementing the Common Core State Standards.
Connie Holland, 405-521-3308
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN O. S. 75, SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 4. Common Core State Standards The rules of the Subchapter have been adopted for the purpose of adopting and implementing the Common Core State Standards as developed by the National Governors Association Center for Best Practices and the Council of Chief State School Officers as part of a multi-state initiative to increase the rigor and comparability of state standards to meet the desired levels of competencies for students in public schools according to 70 O.S. § 11-103.6 and to review and revise core curriculum requirements according to provisions of 70 O.S. § 11-103.6(a).
The following words and terms, when used in this Subchapter, shall have the following meaning:
"Common Core State Standards" means the standards and expectations developed and/or revised by the National Governors Association Center for Best Practices and the Council of Chief State School Officers.
"English Language Arts" means the set of Common Core State Standards developed and/or revised for grades K-12 including reading (foundational skills, reading literature, and reading informational text), writing, speaking and listening, and language.
"Literacy in History/Social Studies and Science" means the set of Common Core State Standards developed and/or revised for grades 6-12 including reading standards for history/social studies, reading standards for science, and writing standards for history/social studies and science.
"Mathematics" means the set of Common Core State Standards developed and/or revised for grades K-12 including number (counting and cardinality, operations and the problems they solve, base ten, and fractions), measurement and data, geometry, ratios and proportional relationships, the number system, expressions and equations, functions, statistics and probability, High School - number and quantity, High School - algebra, High School - functions, High School - modeling, High School - probability and statistics, and High School - geometry.
210:15-4-3. Adoption and implementation (a) The Common Core State Standards in English Language Arts, Literacy in History/Social Studies and Science, and Mathematics shall be adopted and implemented as follows:
(1) Effective immediately, the Common Core State Standards in English Language Arts, Literacy in History/Social Studies and Science, and Mathematics are adopted by the State of Oklahoma;
(2) Beginning with the 2010-2011 school year, the school districts of the state shall develop and begin implementing a plan for transitioning from the Priority Academic Student Skills to full implementation of the Common Core State Standards in English Language Arts, Literacy in History/Social Studies and Science, and Mathematics as described in (b) of this rule by the 2014-2015 school year or the school year in which common assessments aligned to the Common Core State Standards will be available, whichever is later;
(3) Beginning with FY 2011, the Oklahoma State Department of Education shall pursue participation in consortia of states, as appropriate, to develop common assessments aligned to the Common Core State Standards; and
(4) The Priority Academic Student Skills shall remain as the assessed standards until such time that full implementation of the Common Core State Standards are required and common assessments aligned to those standards are available.
(b) By the 2014-2015 school year or the school year in which common assessments aligned to the Common Core State Standards will be available, whichever is later, the Common Core State Standards in English Language Arts, Literacy in History/Social Studies and Science, and Mathematics shall be fully implemented by replacing or being added to the Priority Academic Student Skills as follows:
(1) English Language Arts for grades K-12 shall replace the Priority Academic Student Skills in Language Arts for grades K-12 with the provision that the State Board of Education reserves the right to add up to 15 percent additional standards to the Common Core State Standards as appropriate;
(2) Literacy in History/Social Studies and Science for grades 6-12 shall be added to the Priority Academic Student Skills in:
(A) World studies for grade 6, world geography for grade 7, and United States History 1760-1877 for grade 8;
(B) Economics for high school, Oklahoma history for high school, United States government for high school, United States History 1850 to the Present for high school, world geography for high school, and World History for high school;
(C) Inquiry, physical, life, and earth/space science for grades 6-8; and
(D) Biology I, Chemistry, and Physics; and
(3) Mathematics for grades K-12 shall replace the content and process standards of the Priority Academic Student Skills in:
(A) Mathematics for grades K-8 with the provision that the State Board of Education reserves the right to add up to 15 percent additional standards to the Common Core State Standards as appropriate; and
(B) Algebra I, Algebra II, and Geometry with the provision that the State Board of Education reserves the right to add up to 15 percent additional standards to the Common Core State Standards as appropriate, provided that a committee of Oklahoma stakeholders assembled by the State Department of Education has separated the Common Core State Standards for high school mathematics into appropriate courses.
(c) At any point in time that the National Governors Association Center for Best Practices and the Council of Chief State School Officers or any other consortia of which Oklahoma is a member and that represents the best interests of a majority of states reviews or revises the Common Core State Standards in English Language Arts, Literacy in History/Social Studies and Science, or Mathematics, these revisions shall be adopted, effective immediately upon approval of the State Board of Education, and implemented through a transition process similar to that described in (a)(2) with full implementation by the school year in which common assessments aligned to those revisions are available.
(d) At any point in time that the National Governors Association Center for Best Practices and the Council of Chief State School Officers or any other consortia of which Oklahoma is a member and that represents the best interests of a majority of states develops Common Core State Standards in any additional content areas, these standards shall be reviewed and adopted by the State Board of Education as appropriate, and implemented through a transition process similar to that described in (a)(2) with full implementation by the school year in which common assessments aligned to those standards are available.
[OAR Docket #11-869; filed 6-9-11]
TITLE 210. State Department of Education CHAPTER 15. Curriculum and Instruction PERMANENT final adoption
Subchapter 13. Special Education
210:15-13-7. Lindsey Nicole Henry Scholarship for Students with Disabilities Program [NEW]
70 O. S. § 3-104, State Board of Education
Comment period:
February 1, 2011 through March 23, 2011
Public hearing:
March 24, 2011
Adoption:
March 24, 2011
Submitted to Governor:
March 30, 2011
Submitted to House:
March 30, 2011
Submitted to Senate:
March 30, 2011
Gubernatorial approval:
April 26, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 27, 2011
Final adoption:
May 27, 2011
Effective:
July 11, 2011
SUPERSEDED EMERGENCY ACTIONS: Superseded rules:
Subchapter 13. Special Education
210:15-13-7. Lindsey Nicole Henry Scholarship for Students with Disabilities Program [NEW]
Gubernatorial approval:
September 27, 2010
Register Publication:
28 Ok Reg 213
Docket Number:
10-1245
INCORPORATION BY REFERENCE: N/A
The rule will clarify scholarship requests, payments, private school eligibility, the amount of the scholarship, and tracking of students receiving the scholarship.
Connie Holland, 405-521-3308
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN O. S. 75, SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 11, 2011: SUBCHAPTER 13. Special Education 210:15-13-7. Lindsey Nicole Henry Scholarship for Students with Disabilities Program (a) Scholarship Requests. When a parent of an eligible student requests a scholarship, they must notify the district of residence. The district of residence is defined as the legal district of residence, unless the child is a child with an IEP who has been on a transfer of any kind for three consecutive years, in which case the district is then defined as the receiving district, as required by 70 O.S. 13-103(d). If a child is on a transfer of any kind, that does not meet the three-year rule, and accepts the scholarship, the transfer is effectively terminated.
(b) Payments. Payments will be made to the private school on a quarterly basis upon verification of continued enrollment and attendance at the private school. Payments will be made
in arrears, following the completion of each quarter. The payments will be made after the private school provides the public school with a quarterly attendance record for each child receiving the scholarship.
(c) Private School Eligibility. In order to be eligible to accept students on the scholarship, private schools must be accredited by the State Board of Education or another accrediting association approved by the State Board of Education. Only school districts within the state of Oklahoma can be accredited by the State Board of Education. No out of state schools are eligible to participate in the scholarship program.
(d) Amount of Scholarship. Within ten business days of receipt by the public school district of the parental request, the State Department of Education must receive from the public school a request form for a determination of the calculation of the maximum scholarship amount. The State Department of Education must provide the calculation of the maximum amount of the scholarship to the public school in writing within fifteen business days of the receipt of the request. The parent shall be notified in writing by the district of the maximum amount of the scholarship in a timely manner, not to exceed thirty business days from the date of the parents' original request. Scholarship amounts will be calculated at the time of the parental request and will not change during the course of the school year regardless of a school district's mid-year adjustments. The amount of the scholarship will be calculated annually as required by 70 O.S. 13-101.1, Section 2(F)(1).
(e) Tracking. School districts providing scholarships shall annually report for child-count and funding purposes, all students who are attending a private school under the scholarship program to the State Department of Education. Students must be reported as Lindsey Nicole Henry Scholarship Students on both the Special Education Child Count and the First Quarter Statistical Report (FQSR) and the Annual Statistical Report (ASR). These scholarship students will also be tracked through the WAVE.
[OAR Docket #11-868; filed 6-9-11]
TITLE 365. Insurance Department CHAPTER 1. Administrative Operations PERMANENT final adoption
Subchapter 1. General Provisions
365:1-1-2. Office of the Insurance Commissioner [AMENDED]
Subchapter 9. Description of Forms and Instructions
365:1-9-11. Applications [AMENDED]
365:1-9-13. Suggested language for agentsproducers bonds [AMENDED]
365:1-9-14. Producer and adjuster continuing education forms [REVOKED]
365:1-9-15.1. License renewals and reinstatements [AMENDED]
365:1-9-16. Agents licenseProducer licensing forms [AMENDED]
Insurance Commissioner, 36 O.S. §§ 307.1 and 1435.29.
Comment period:
February 15, 2011 through March 17, 2011
Public hearing:
March 18, 2011
Adoption:
March 30, 2011
Submitted to Governor:
March 30, 2011
Submitted to House of Representatives:
March 30, 2011
Submitted to Senate:
March 30, 2011
Gubernatorial approval:
May 16, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 27, 2011
Final
adoption:
May 27, 2011
Effective:
July 14, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
The amendment to 365:1-1-2 updates the general description of the principal operating units of the office of Insurance Commissioner. The amendment to 365:1-9-11 updates the type of applications needed to be completed by applicants for certain licenses to be granted by the Insurance Department. The amendments to 365:1-9-13 and 365:1-9-16 strike the word "agent" in the title and throughout the sections and replaces it with the word "producer" as this is the term of art used to denote a person who sells insurance to a consumer. Section 365:1-9-14 is being revoked to promote uniformity and reciprocity with other states. The amendment to 365:1-9-15.1 removes the language for a renewal period and submission and changes the license reinstatement period from a ninety-day period to a period of within one year after the expiration date. It also states that a reinstatement fee shall be double the license fee.
Julie Meaders, Assistant General Counsel, Oklahoma Insurance Department, 3625 NW 56th St., Suite 100, Oklahoma City, OK 73112, (405) 521-2746
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 14, 2011: SUBCHAPTER 1. General Provisions 365:1-1-2. Office of the Insurance Commissioner The office of the Insurance Commissioner is composed of the Insurance Commissioner and such employees as are required and provided for by law. The Insurance Commissioner exercises executive and administrative supervision over the Office of the Insurance Commissioner.
(1) General description of organization. The office of the Insurance Commissioner is divided into divisions.the following principal operating units:
(A) Administrative Services Division
(B) Producer Licensing Division
(C) Bail Bond Division
(D) Consumer Assistance and Claims Division
(E) Comptroller Division
(F) Communications Division
(G) Executive Division
(H) Financial and Examination Division
(I) Information Technology Division
(J) Legal and Investigation Division
(K) Rate and Form Compliance Division
(L) Real Estate Appraisers Division
(M) Senior Health Care Programs Division
(N) Utilization Review Division
(2) Administrative Services Division. The Administrative Services Division is under the direction of the Chief of Staff and is responsible for various administrative services as directed by the Insurance
Commissioner including personnel, mail, and file maintenance.
(3) Producer Licensing Division. The Producer Licensing Division ,headed by the Director of the Producer Licensing Division, is responsible for determining whether applicants for bail bond licenses, insurance agents producers, limited insurance representatives lines producers, insurance adjusters, third party administrators, life, accident and health insurance brokers and insurance consultants licenses meet the qualifications set forth in the statutes of the State of Oklahoma and is also responsible for administering the examinations given as required to applicants and for issuing renewal licenses. The Producer Licensing Division is also responsible for monitoring continuing education requirements for producers.
(4) Bail Bond Division. The Bail Bond Division is composed of the Director and necessary assistants and is responsible for determining whether applicants for bail bond licenses meet the qualifications set forth in the statutes of the State of Oklahoma, for administering the examinations given to all bail bondsmen, yearly renewal of license and surety/ professional appointments, processing of monthly reports for each type of license held by bondsman bondsmen, collection of 2/10 of 1% reviewal fee of new liability written monthly, enforce statutory deposit requirements of professional bondsmen and initial investigation of complaints regarding possible violation of statutes.
(5) Consumer Assistance and Claims Division. The Consumer Assistance and Claims Division is composed of the Director of this division and necessary Policy Analysts, and is in charge of processing processes and investigating investigates all complaints lodged against insurance companies and other persons/entities by the public. Further, this division answers all routine requests for information concerning insurance companies and insurance policies.
(6) Comptroller Division. The Comptroller Division is composed of the Comptroller and necessary assistants and is responsible for the internal fiscal affairs of the office, including preparation of payroll, purchase of equipment, approval of all travel claims made by staff and keeping of all fiscal records required by law.
(7) Communications. The Communications Division consists of the Communications Manager, a Communications Specialist, a Public Information Officer and necessary support staff. This division is responsible for maintaining and furthering internal and external communications. Among the duties performed in this division are development and management of the Insurance Department website, writing and facilitating news releases, responding to media inquiries, assembling materials to be distributed duringdirecting the Insurance Commissioner's public event events, calendar and preparing needed materials for each event production of consumer assistance and awareness events, designing collateral publications for producers and consumers, writing and releasing an internal newsletter and any other communications related duties as needed.
(8) Executive Division. The Executive Division, composed of the Insurance Commissioner and the Deputy Commissioner and necessary assistants, is charged with general supervision of all activities of the office including personnel and internal organization.
(9) Financial and Examination Division. The Financial and Examination Division is composed of the Chief Financial Examiner, the Deputy Chief Financial Examiner, the Chief Financial Analyst and various other levels of Financial Analysts and Financial Specialists and is responsible for determining whether insurance companies and other persons/entities applying for admission to do business in the State of Oklahoma meet the qualifications for admittance as set forth in the statutes of the State of Oklahoma. This division, through outside contract examiners, is responsible for conducting the statutory examination of all domestic and foreign insurance companies and other persons/entities and collects all premium taxes and statutory fees due the State. This division is also responsible for the review and analysis of all annual and quarterly financial statements of insurance companies as required by the statutes of the State of Oklahoma.
(10) Information Technology Division. The Information Technology Division is composed of the Director and necessary assistants and is responsible for providing all internal data processing services to the other divisions of the Insurance Department. Further, this division provides the public with both summaries and detailed information on many of the records maintained by the Insurance Department.
(11) Legal and Investigation Division.
(A) The Legal Division is composed of the General Counsel and Assistant General Counsels who are the chief law officers and consultantsattorneys for to the Insurance Commissioner and the other divisions within the Oklahoma Insurance Department office on legal matters. The Legal Division defends or and prosecutes all proceedings held before the Insurance Commissioner , including complaint hearings, as well as investigative hearings. The Legal Division is charged with the duty of representing the Insurance Commissioner in the courts in matters which are a part of his/her official duties.
(B) The Investigation Division is composed of the Chief Investigator and assistants and is responsible for investigating complaints against licensed insurance entities and if evidence is found of wrongdoing or non-compliance with the insurance laws of the State of Oklahoma forwarding its findings to the Legal Division, if evidence is found of wrongdoing or non-compliance with the insurance laws of the State of Oklahoma..
(C) The Anti-Fraud Unit is within the Legal and Investigation Division. and is composed of the Chief Investigator and Its investigators who are commissioned by the Insurance Commissioner to serve as peace officers who are. It is responsible for investigating violations of statute or administrative rules of this state pertaining to insurance fraud.
(12) Rate and Form Compliance Division. The Rate and Form Compliance Division is composed of the Director, the Rate Analysts and the Policy Analysts. This division is responsible for the receipt of life, annuity, accident and health policy forms and property and casualty policy forms, manual rules and rates. The Division determines whether such documents conform to the statutes of the State of Oklahoma. The Division is also responsible for determining whether advisory organizations applying for admission to do business in the State of Oklahoma meet the qualifications for admittance as set forth in the statutes of the State of Oklahoma. All references to Life, Accident and Health Division or Property and Casualty Division shall mean Rate and Form Compliance Division.
(13) Real Estate Appraisers Division. The Director of the Real Estate Appraisers Division is responsible for determining whether applicants for real estate appraiser licensure/certification meet the qualifications set forth in the statutes of the State of Oklahoma and for administering the examinations given to all real estate appraisers.
(14) Senior Health Care Programs Division. The Senior Health Care Programs Division is composed of two federal grant programs, SHICP and SUMMIT. The Division is composed of the Division Director and support staff. The Senior Health Insurance Counseling Program (SHICP) is responsible for providing information, counseling and assistance to Medicare and Medicaid beneficiaries so they may understand and access their health care benefits. SUMMIT Medicare/Medicaid Fraud, Abuse and Waste Program focuses on reducing Medicare/Medicaid fraud, abuse and waste by enhancing public awareness through community presentations and public education. Both programs train volunteers to assist with the programs' mission.
(15) Utilization Review Division. The Director of the Utilization Review Division is responsible for determining whether applicants for Utilization Review Certificates of Registration meet the qualifications set forth in the statutes of the State of Oklahoma.
SUBCHAPTER 9. Description of Forms and Instructions The Unless otherwise provided by electronic means by the Insurance Commissioner or an administrator approved by the Commissioner, the following applications must be completed by the person(s) making application and upon completion, must comply with the applicable Oklahoma statutes:
(1) Application for Resident Insurance License (IL-1).
(2) Application for Non-Resident Insurance License (IL-1).
(3) Application for Insurance License for Partnership or Corporation (R-3).
(1) NAIC Uniform Application for Individual Insurance Producer License.
(2) NAIC Uniform Business Entity Application or NAIC Uniform Non-Resident Agency Application.
(4 3) Application for License as Third Party Administrator (TPA-1).
(5 4) Application for Corporate License as Third Party Administrator (TPA-2).
(6 5) Application for License as Insurance Adjuster (CR-1).
(7 6) Application for License as Insurance Consultant (IC-1).
(8 7) Application for License as Managing General Agent or Agency (MGA).
(9) Application for Resident Insurance Broker's License (IL-1).
(8) Application for Resident Insurance Brokers License should be made using either the NAIC Uniform Application for Individual Insurance Producer License or NAIC Uniform Non-Resident Agency Application.
(10 9) Catastrophe Registration as Emergency Insurance Adjuster (EIA).
(1110) Application for Customer Service Representative (IL-1).
365:1-9-13. Suggested language for agents producers bonds (a) Insurance Bond. The Insurance Bond form provides suggested language for preparing an insurance bond.
(b) Insurance Brokers Bond. The Insurance Brokers Bond form provides suggested language for preparing an insurance brokers bond.
(c) Insurance Consultants Bond. The Insurance Consultants Bond form provides suggested language for preparing an insurance consultants bond.
(d) Non-Resident Agents License Bond. The Non-Resident Agents License Bond form provides suggested language for preparing a non-resident agents insurance bond.
(e) Public Adjusters Bond. The Public Adjusters Bond form provides suggested language for preparing a public adjusters bond.
(f) Third Party Administrators Bond. The Third Party Administrators Bond form provides suggested language for preparing a third party administrators bond.
365:1-9-14. Producer and adjuster continuing education forms [REVOKED] (a) Form Approval. The Insurance Commissioner shall approve forms to be used by providers of continuing education courses for producers and adjusters. Notice of any form changes shall be given to providers no less than 30 days before the effective date of form revisions.
(b) Provider Application. A provider application shall be submitted and approved in order to provide continuing education courses to producers and adjusters.
(c) Course Approval Request. The request for course approval shall be submitted on a course approval request form. The form and attachments are required the first day of the month one full month before the first course offering.
(d) Course Completion. A list of producers and adjusters successfully completing a course must be submitted by the provider and received by the Commissioner within ten (10) business days from the ending date of the course. The form shall include an affidavit from the provider certifying that the producers or adjusters appearing on the list have been positively identified, have completed the course, and are entitled to continuing education credits. A copy of the list shall be maintained by the provider for no less than four (4) years.
(e) Certificate of Course Completion (CE-5). Each student successfully completing a course shall be provided a certificate of course completion.
(f) Schedule of Course Offerings. The provider shall submit notification to the Insurance Department confirming the date, time, location and instructors for approved course offerings that are not a self-study format.
(g) Notice of Approved Course to be Repeated (CE-6). The provider shall submit notification to the Insurance Department at least fourteen (14) days prior to the beginning date of the approved course to confirm time, location, date and instructor(s).
(h) Instructor Qualification. An instructor qualification form shall be filed for each instructor or speaker for a continuing education course.
(i) Course Evaluation. The provider shall submit a course evaluation form completed by each producer or adjuster listed on the course completion form. The course evaluation form shall be received by the Commissioner within ten (10) business days from the ending date of the course.
365:1-9-15.1. License renewals and reinstatements (a) Proof of courses. As a prerequisite for submission of a renewal or reinstatement application, when requested by the Insurance Commissioner, each licensee must submit Certificate(s) of Course Completion with said application to equal shall have completed the total number of continuing education hours required.
(b) Renewal period and required submissions. Renewals will be accepted up to ninety days after the expiration date with a properly completed renewal form, proof of course completion and double the license fee.
(cb) Required submissions for reinstatement after ninety days. After the license expiresthe ninety-day period and withinbefore one two years year after the license expiration date, a licensee shall be eligible for reinstatement by submitting completing required Continuing Education and submitting a new application and double the license fee. applicable fees. A licensee shall not be eligible for reinstatement if previously the license was revoked, suspended or continuance was denied.
(dc) Insurance adjusters. This section shall also apply to insurance adjusters as defined by the Insurance Code.
365:1-9-16. Agents license Producer licensing forms (a) Licenses. The license form is executed under the hand and seal of the Insurance Commissioner and delivered. This form is evidence of an agent's a producer's authority to transact business within Oklahoma.
(b) Insurance Consultant License Certificate. The Insurance Consultant License Certificate is executed under the hand and seal of the Insurance Commissioner and delivered. This form is evidence of an individual's authority to act as an insurance consultant in the State of Oklahoma.
(c) Life or Accident and Health Insurance Broker License Certificate. The Life or Accident and Health Insurance Broker License Certificate is executed under the hand and seal of the Insurance Commissioner and delivered. This form is evidence of an individual's authority to act as an insurance broker in the State of Oklahoma.
(d) Managing General Agent's License. The Managing General Agent's License is executed under the hand and seal of the Insurance Commissioner and delivered. This form is evidence of an individual's authority to act as a managing general agent in the State of Oklahoma.
(e) Temporary Insurance Agent's Producer's License. The Temporary Insurance Agent's Producer's License is executed under the hand and seal of the Insurance Commissioner and delivered. This form is evidence of an individual's authority to act as a temporary insurance agent in the State of Oklahoma. The appointing company that requests the license may receive a temporary license after completion of a properly completed application and an affidavit as prescribed by the Insurance Commissioner. The temporary license shall be valid for up to thirty one hundred eighty (180) days from the date of issuance, or until the applicant takes passes the license examination, whichever time is shorter.
(f) Third Party Administrator License Certificate. The Third Party Administrator License Certificate is executed under the hand and seal of the Insurance Commissioner and delivered. This form is evidence of an individual's authority to act as a third party administrator in the State of Oklahoma.
(g) Renewal Notice. The Agent's Producer Licensing Division of the Insurance Department sends the may send a Renewal Notice form to agents producers to remind them to comply with renewal requirements by either electronic or paper means.
[OAR Docket #11-845; filed 6-3-11]
TITLE 365. Insurance Department CHAPTER 10. Life, Accident and Health PERMANENT final adoption
Subchapter 1. General Provisions
Part 1. General Provisions
365:10-1-6. Oklahoma Life and Health Insurance Guaranty Association disclaimernotice requirements [AMENDED]
365:10-1-13. Notification required upon rejection [AMENDED]
365:10-1-15. Eliminating unfair discrimination on basis of children as single applicants [NEW]
Subchapter 5. Minimum Standards; Contract Guidelines
Part 1. Minimum Standards and Benefits for Accident and Health Insurance
365:10-5-4. Prohibited policy provisions [AMENDED]
Part 13. Medicare Supplement Insurance Minimum Standards
365:10-5-128.2. Standard Medicare Supplement Benefit Plans for 2010 Standardized Medicare Supplement Benefit Plan Policies or Certificates issued for delivery on or after June 1, 2010 [AMENDED]
365:10-5-134. Required disclosure provisions [AMENDED]
Appendix S. Outline of Coverage [REVOKED]
Insurance Commissioner, 36 O.S. §§ 307.1, 1204, 2043, 3611, 4403, 4403.1 and 6101.
Comment period:
February 15, 2011 through March 17, 2011
Public hearing:
March 18, 2011
Adoption:
March 30, 2011
Submitted to Governor:
March 30, 2011
Submitted to House of Representatives:
March 30, 2011
Submitted to Senate:
March 30, 2011
Gubernatorial approval:
May 16, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 27, 2011
Final adoption:
May 27, 2011
Effective:
July 14, 2011
INCORPORATIONS BY REFERENCE: n/a
The amendment to 365:10-1-6 updates language for the notice requirements for coverage or non-coverage by the Oklahoma Life and Health Insurance Guaranty Association Act as a result of the enactment of changes to the Oklahoma Life and Health Insurance Guaranty Association Act in Senate Bill 2043.
The amendment to 365:10-1-13 provides updated contact information for the Oklahoma Health Insurance High Risk Pool and Oklahoma Temporary High Risk Pool which must be contained in a notice of rejection of health insurance coverage.
New Section 365:10-1-15 requires insurers issuing individual accident and health policies within the state to have an open enrollment period for children under the age of 19. The section requires insurers to offer an open enrollment period from September 1 through October 31 for the year 2011 and for every year thereafter, from June 1 through July 31. Insurers must issue the child only policy on a guaranteed issue basis. Insurers may be subject to an administrative hearing and penalty for violating the section.
The amendment to 365:10-5-4 adds limited benefit insurance policies to the provision regarding policy limits and exclusions to further clarify to which types of policies the paragraph applies. The amendment to 365:10-5-128.2 removes the 150 days hospitalization requirement and replaces it with the hospitalization after the lifetime reserves days are exhausted.
The amendment to 365:10-5-134 removes references to Appendix S and replaces it with language referring to the most recent edition of the NAIC Model Regulation to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act. This eliminates confusion as to which outline of coverage insurers shall use when dealing with Medicare Supplement Benefit Plans.
Appendix S is revoked because it is not the current outline of coverage required by the NAIC to be utilized by insurers. Additionally, amendments to 365:10-5-134 encompass the needed reference to the most recent outline of coverage as promulgated by the NAIC.
Julie Meaders, Assistant General Counsel, Oklahoma Insurance Department, 3625 NW 56th St., Suite 100, Oklahoma City, OK 73112, (405) 521-2746
DUE TO THE EXCESSIVE LENGTH OF THESE RULES (AS DEFINED IN OAC 655:10-7-12), THE FULL TEXT OF THESE RULES WILL NOT BE PUBLISHED. THE RULES ARE AVAILABLE FOR PUBLIC INSPECTION AT THE OKLAHOMA INSURANCE DEPARTMENT LOCATED AT 3625 NW 56th STREET, SUITE 100, OKLAHOMA CITY, OKLAHOMA 73120 AND AT THE SECRETARY OF STATE'S OFFICE OF ADMINISTRATIVE RULES. THE FOLLOWING SUMMARY HAS BEEN PREPARED PURSUANT TO 75 O.S. § SECTION 255 (B):
Appendix S is revoked because it is not the current outline of coverage required by the NAIC to be utilized by insurers. Insurers shall use the most recent edition of the NAIC Model Regulation to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act.
[OAR Docket #11-846; filed 6-3-11]
TITLE 365. Insurance Department CHAPTER 15. Property and Casualty PERMANENT final adoption
Subchapter 1. General Provisions
365:15-1-3. Property and casualty form filings [AMENDED]
Subchapter 3. Claims Resolution and Unfair Claim Settlement Practices
365:15-3-5. Failure to acknowledge pertinent communications [AMENDED]
Subchapter 7. Property and Casualty Competitive Loss Cost Rating Regulations
365:15-7-17. Suspension or modification of filing requirements [REVOKED]
365:15-7-32. Use of "a" rates [AMENDED]
Insurance Commissioner, 36 O.S. §§ 307.1, 907, 986, and 1250.16
Comment period:
February 15, 2011 through March 17, 2011
Public hearing:
March 18, 2011
Adoption:
March 30, 2011
Submitted to Governor:
March 30, 2011
Submitted to House of Representatives:
March 30, 2011
Submitted
to Senate:
March 30, 2011
Gubernatorial approval:
May 16, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 27, 2011
Final adoption:
May 27, 2011
Effective:
July 14, 2011
SUPERSEDED EMERGENCY ACTIONS: n/a
INCORPORATIONS BY REFERENCE: n/a
The amendment to 365:15-1-3 adds that policies must provide for extended reporting period options based on rating plans filed with the Insurance Commissioner, in addition to the existing requirement of those approved by the Commissioner, since companies' rates are filed and advisory organizations' loss costs are approved. The amendment to 365:15-3-5 provides consistency with the statutory counterpart in allowing insurers to respond to inquiries within 30 days. Section 365:15-7-17 is being revoked because it is no longer needed since 36 O.S. § 903 has been repealed. The amendment to 365:15-7-32 removes "a" rate exemption language and replaces it with the requirement that companies justify the use of an "a" rating.
Julie Meaders, Assistant General Counsel, Oklahoma Insurance Department, 3625 NW 56th St., Suite 100, Oklahoma City, OK 73112, (405) 521-2746
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 14, 2011: SUBCHAPTER 1. General Provisions 365:15-1-3. Property and casualty form filings (a) Purpose. The purpose of this section is to specify the procedures for submitting form filings to the Insurance Commissioner as required by Article 36 of the Insurance Code.
(b) Procedures. Policy forms, endorsements and revisions thereto, by insurance companies and advisory organizations licensed in Oklahoma, shall be submitted in compliance with this section, or shall be rejected for filing, and the entity that made such submission shall be so notified.
(1) Filing requirements. The Insurance Code, Article 36, requires that each insurer shall make its form filings by line of business directly with the Insurance Commissioner. Companies may satisfy their obligation to make such filings, where authorized by law, by becoming a member or subscriber to an Oklahoma licensed advisory organization that makes such filings.
(2) Filing fees.
(A) Form filings shall be accompanied by the proper fees as specified in the Insurance Code. Fees shall not be paid in cash.
(B) Filings for groups of insurers shall be accompanied by the specified fee for each transaction, regardless of the number of members or subscribers.
(C) Filings by advisory organizations shall be accompanied by the specified fee for each transaction regardless of the number of members or subscribers.
(3) Address requirements. All filings shall be addressed as follows: Oklahoma Insurance Commissioner, P.O. Box 53408, Oklahoma City, OK 73152-3408.
(4) Number of copies. All filings except those exempted shall be submitted through the System for Electronic Rate and Form Filing (SERFF) pursuant to the SERFF General Instructions. All paper filings including the cover letter, all exhibits, forms and additional information submitted to the Insurance Commissioner shall be typewritten or printed and submitted with one (1) legible copy of all material. Companies that file as a group listing all companies on the transmittal letter may accomplish this requirement by submitting one (1) typewritten or printed legible copy of all material.
(5) Effective date of filings. The effective date of form filings and the dates of required action by the Insurance Commissioner are governed by the applicable provisions of the Insurance Code.
(6) Notice of Insurance Commissioner action. The Insurance Commissioner shall indicate action taken through the System for Electronic Rate and Form Filing (SERFF). Nothing in this section shall preclude the Insurance Commissioner from the use of other forms of communication to secure information from the filing entity.
(7) Life, accident and health insurance. This section does not apply to Life, Accident and Health. Life, Accident and Health filings shall be made in accordance with the applicable provisions of the Insurance Code and Rules of the Insurance Commissioner.
(8) Postage requirements. No submissions shall be accepted which arrive at the offices with postage due. No submissions will be returned unless the necessary postage accompanies the same.
(9) Filing form and content. All filings shall contain the following:
(A) The name of the filing entity and complete mailing address to which correspondence shall be sent.
(B) A "RE" or "caption" briefly describing the content and context of the filing.
(C) A list or index of the forms filed in the filing letter or attached thereto including the form numbers and edition date, if applicable.
(D) A complete description and full explanation of the changes made by the filing including, reasoning therefore, illustrative examples, including "John Doe" specimen form, and a comparison of currently approved and proposed materials (side by side comparison or marked copy).
(E) A concise statement to identify the form to be replaced by the filing including the approval date in this jurisdiction and the identifying filing number of the filing containing the form to be replaced as assigned by the Insurance Department.
(F) If a form is being withdrawn or amended due to court decisions in any jurisdiction, the filing entity shall furnish the legal citation, and if from another jurisdiction, a copy of such decision or opinion with its filing.
(G) If a form filing is due to a federal law or regulation of a federal agency, the filing entity shall furnish the legal citation and a copy of the pertinent provisions.
(H) Completed transmittal forms and exhibits.
(10) Withdrawal of pending filings. Pending filings may be withdrawn by the filing entity upon notice to the Insurance Commissioner prior to the approval or disapproval thereof. The notice shall include the reason for the withdrawal.
(11) Duration of filings. All filings are in effect until withdrawn or amended by the insurer or rating organization, with approval of the Insurance Commissioner or until abrogated by the Insurance Commissioner.
(12) Advisory organization deviations. Every member of, or subscriber to, a licensed rating organization may adhere to any filings made on its behalf by its Advisory Organization, except that any such member or subscriber may deviate from such filings as authorized by this section if it has filed with the Advisory Organization and with the Insurance Commissioner, the deviation to be applied and information necessary to justify the deviation. If such deviation is approved, it shall remain in force until such approval is withdrawn or replaced by the insurer with approval of the Insurance Commissioner.
(13) Group filings. Where filings are made on behalf of more than one insurer, the filing shall list the insurer or insurers by individual name and not by Company group.
(14) Members of or subscribers to a licensed advisory organization.
(A) Filings. A licensed advisory organization may make filings on behalf of its members and subscribers except deviation filings.
(B) Adherence to filings. Every member of or subscriber to a licensed advisory organization may adhere to any filings made on its behalf by such organization except that any such member or subscriber may deviate from such filings upon compliance with this section and approval of the Insurance Commissioner
(C) Individual company filings. Members and subscribers shall not file individual forms that have been filed on their behalf by the appropriate advisory organization. Declaration pages, policy "jackets" and other forms not normally filed by the rating organization shall be filed by the insurer directly with the Insurance Commissioner.
(D) Filing requirements; advisory organization form deviation. If form deviations are proposed, the insurer shall file the form including supporting documentation with the Insurance Commissioner and furnish copies to the appropriate rating organization.
(E) Agency filings. "Agency Filings" by a Rating Organization on behalf of its members or subscribers shall be accepted by the Insurance Commissioner in instances where the rating organization does not have a filing in effect for the coverage involved.
(15) Independent filings. If the insurer is filing an independently developed form, the filing shall comply with the following:
(A) File Policy Forms, Endorsements, and other materials, with the Insurance Commissioner and designate them as "Independent Filings".
(B) File support of each filing in accordance with this section.
(C) For revisions, file form with the Insurance Commissioner.
(16) Reference filings.
(A) Advisory Organization Filings
(i) Filings permitted without reference filing agreement. Advisory Organization forms used in whole or in part may be adopted by participating insurers of a licensed advisory organization by "Reference Filings" subject to the approval of the Insurance Commissioner. When making such type filing submit a filing memorandum identifying the forms used. Departures and exceptions, if any, shall be accompanied by the necessary supporting data. Such adoption shall apply only to current filings and shall have no automatic effect as to future filings. Each advisory organization filing shall be separately and specifically adopted.
(ii) Filings permitted with reference filing agreement. Approved Advisory Organization material may be adopted by participating insurers of a licensed advisory organization by filing a REFERENCE FILING AGREEMENT with the Insurance Commissioner identifying the forms and material to be used. Such adoption shall apply from the date it is approved by the Insurance Commissioner to filings in effect on that date and to all applicable future filings. It shall remain in effect until such time as the agreement is withdrawn with the approval of the Commissioner.
(iii) Reference filing. If filing by "Reference Filing" DO NOT file forms.
(B) Other than Advisory Organization filings. An insurer may adopt another insurer's filing by filing forms on the filing insurer's format and by advising the Insurance Commissioner of the names(s) of the insurer whose program is being copied, the Oklahoma filing number, and the date(s) the program was filed for that insurer. Unless an exception is granted by the Insurance Commissioner, this procedure applies only to the filing of the initial program for the adopting insurer and is subject to the review of the Insurance Commissioner.
(17) Resubmittal of filings. All resubmissions of disapproved or rejected filings shall be presented to the Insurance Commissioner in the same manner as required by this section for an original filing. In addition the cover letter or completed transmittal forms addressed to the Insurance Commissioner shall state the full and complete history of the filing, the reason for disapproval or rejection, and the factors which distinguish the resubmittal so it warrants reconsideration.
(18) Retroactive filings. The Insurance Commissioner has no authority to and shall not approve filings proposing a retroactive effective date except in cases of a filing correcting an error in a previously approved filing and in cases where required or necessitated by Statute.
(19) Delivery of policy to insured. In any instance whereby a policy of insurance is effected the insured shall be furnished with either:
(A) The original policy;
(B) A copy of the original policy or a duplicate policy printed with ten point or larger type; or
(C) A certificate including provisions and conditions of the original policy printed with ten point or larger type.
(20) Coverage elimination after policy issuance. Any endorsement which eliminates or restricts coverage and which is issued during the policy term shall be identified as accepted by the insured, by the signature of the insured thereon, and a signed copy (original, computer generated or microfilm) of such endorsement shall be retained in the files of the insurer for one year after the expiration of the policy.
(21) Uniform standard mortgage clause. The mortgage clause to be used by Insurance Companies in Oklahoma shall be uniform Standard Form Number 127B September 1934 Edition or subsequent editions, except upon written application by an insurer or rating organization, a clause providing broader coverage may be approved by the Insurance Commissioner.
(22) Claims-made policies.
(A) The policy application and the Declarations page of each claims-made policy shall include a conspicuous notice indicating that the contract is a claims-made policy and advising the policyholder to read its provisions.
(B) The policy shall provide for extended reporting period options based on rules, rates or rating plans approved by or filed with the Insurance Commissioner. If so stated in the policy, the extended reporting period options shall not be required to be offered if a policy is cancelled for nonpayment of premium or a material representation or fraud.
(23) New forms, reductions in coverage.
(A) Form filings that may result in the elimination of claims (losses) shall be considered as a relevant factor to be given due consideration by the Insurance Commissioner as respects rates in effect or proposed for the coverage involved.
(B) The filer shall fully disclose the rate consideration so that Commissioner can be notified of the form filing. The form filing may be disapproved if the rate effect has not been considered in rules, rates or rating plans approved by or filed with the Commissioner.
SUBCHAPTER 3. Claims Resolution and Unfair Claim Settlement Practices 365:15-3-5. Failure to acknowledge pertinent communications (a) Acknowledgment of receipt of claim. Every property and casualty insurer, upon receiving notification of a claim shall, within 20 thirty (30) business days, acknowledge the receipt of such notice unless payment is made within such period of time. If any acknowledgment is made by means other than writing, an appropriate notation of such acknowledgment shall be made in the claim file of the insured and dated. Notification given to an agent of an insurer shall be notification to the insurer.
(b) Response to inquiries from Insurance Department. Every property and casualty insurer, upon receipt of any inquiry from the Insurance Department respecting a claim shall, within fifteen business days of receipt thirty (30) days from the date of such inquiry, furnish the Department with an adequate response to the inquiry.
(c) Response to other pertinent communications. An appropriate reply shall be made within 20 business thirty (30) days of receipt on all other pertinent communications from a claimant which reasonably suggests that a response is expected.
(d) Insurer shall provide forms and assistance on claims to first party claimants. Every property and casualty insurer, upon receiving notification for claim, shall promptly provide necessary claim forms, instructions, and reasonable assistance so that first party claimants can comply with the policy conditions and the insurer's reasonable requirements. Compliance with this paragraph within 20 business thirty (30) days of notification of a claim shall constitute compliance with subsection (a) of this section.
SUBCHAPTER 7. Property and Casualty Competitive Loss Cost Rating Regulation 365:15-7-17. Suspension or modification of filing requirements [REVOKED] (a) Review of rates prior to use. The Insurance Commissioner in his review of a filing may accept for the filer the use of rates without being filed for the kind of insurance or classes of risks for which he determines that rates cannot be practically filed before the rates are used.
(b) Rates submitted on individual risk basis. The filer shall submit such rates on an individual risk basis or maintain records for future examination as the Insurance Commissioner deems advisable.
(c) Loss and expense experience report. The filer shall maintain loss and expense experience for annual reporting to the Insurance Commissioner or to his designated statistical agent in such form and detail necessary to determine compliance with the standards set forth in the Property and Casualty Competitive Loss Cost Rating Act.
365:15-7-32. Use of "a" rates (a) As used in Section 997 of Title 36 of the Oklahoma Statutes, an An "a" rate is a rating rule or rate expressed as the symbol "a"
or the words "refer to company" listed opposite a classification code on the manual rule and rate pages.
(1) An insurer may not use an "a" rate if any advisory organization or any other insurer has established a manual rate based upon experience for the coverage.
(2) Once an advisory organization or any insurer acquires sufficient experience to establish a manual rate for such coverage, then the coverage is no longer considered to be eligible for "a" rating.
(b) An insurer claiming an "a" rate exemption shall file with the Commissioner a statement justifying the use of the exemption an "a" rating. The statement shall include the policies and procedures for underwriting and developing "a" rates and any formal guidelines established by the insurer for these situations. The filing shall include an acknowledgment that the coverage is no longer eligible for "a" rating once an advisory organization or an insurer acquires sufficient experience to establish a manual rate for such coverage. The justification statement shall be filed within thirty (30) days of the use of the rule and rate.
[OAR Docket #11-847; filed 6-3-11]
TITLE 365. Insurance Department CHAPTER 25. Licensure of Producers, Adjusters, Bail Bondsmen, Companies, Prepaid Funeral Benefits, Cemetery Merchandise Trusts, and Viatical Settlement Providers and Brokers PERMANENT final adoption
Subchapter 3. Producers, Brokers, Limited Lines Producers and Vehicle Protection Product Warrantors
365:25-3-1. Insurance producers continuing education [AMENDED]
365:25-3-1.1. Application for resident producer license [REVOKED]
365:25-3-1.2. Provisional producer license [REVOKED]
365:25-3-1.3. Approved insurance company training program [REVOKED]
365:25-3-14. Insurance adjusters continuing education [AMENDED]
365:25-3-15. Variable annuityproduct licensing [AMENDED]
365:25-3-16. Examination exemptions [AMENDED]
365:25-3-17. Agriculture Revenue Insurance License [REVOKED]
365:25-3-18. Compensation and education for sale of Medicare Advantage (including private fee for service plans) or Medicare prescription drug products and plans [AMENDED]
365:25-3-20.1. Prior approval of vehicle protection product contract forms [NEW]
365:25-3-20.2. Cancellation language for vehicle protection product contract forms [NEW]
365:25-3-20.3. Disapproval of any vehicle protection product contract form [NEW]
Subchapter 5. Bail Bondsmen
Part 1. Continuing Education for Bail Bondsmen
365:25-5-3. Education requirements [AMENDED]
Part 5. General Provisions Pertaining to Bail Bondsmen
365:25-5-35. Bondsman license renewal [AMENDED]
365:25-5-45. Fines and costs due to Commissioner [NEW]
365:25-5-46. Notification of use of business name [NEW]
Subchapter 23. Cemetery Merchandise Trusts [NEW]
365:25-23-1. Purpose [NEW]
365:25-23-2. Permit required [NEW]
365:25-23-3. Contract approval [NEW]
365:25-23-4. Forms [NEW]
365:25-23-5. Trust fund and trustee [NEW]
365:25-23-6. Surety bond [NEW]
365:25-23-7. Reports to trustee [NEW]
365:25-23-8. Annual report [NEW]
365:25-23-9.
Notice of sale [NEW]
Appendix T. Insurance Company Training Program Affidavit [REVOKED]
Insurance Commissioner, 36 O.S. §§ 307.1, 1435.19, 1435.29, 6217, 6660, 7124; 59 O.S. §§ 1302 and 1308.1.
Comment period:
February, 15, 2011 through March 17, 2011
Public hearing:
March 18, 2011
Adoption:
March 30, 2011
Submitted to Governor:
March 30, 2011
Submitted to House of Representatives:
March 30, 2011
Submitted to Senate:
March 30, 2011
Gubernatorial approval:
May 16, 2011
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 27, 2011
Final adoption:
May 27, 2011
Effective:
July 14, 2011
SUPERSEDED EMERGENCY ACTIONS: Superseded rules:
Subchapter 3. Producers, Brokers, Limited Lines Producers and Vehicle Protection Product Warrantors
365:25-3-1. Insurance producers continuing education [AMENDED]
365:25-3-14. Insurance adjusters continuing education [AMENDED]
Subchapter 23. Cemetery Merchandise Trusts [NEW]
365:25-23-1. Purpose [NEW]
365:25-23-2. Permit required [NEW]
365:25-23-3. Contract approval [NEW]
365:25-23-4. Forms [NEW]
365:25-23-5. Trust fund and trustee [NEW]
365:25-23-6. Surety bond [NEW]
365:25-23-7. Reports to trustee [NEW]
365:25-23-8. Annual report [NEW]
365:25-23-9. Notice of sale [NEW]
Gubernatorial approval:
October 19, 2010
Register publication:
28 Ok Reg 214
Docket number:
10-1247
INCORPORATIONS BY REFERENCE: n/a
The amendments to sections 365:25-3-1 and 365:25-3-14 change the references to continuing education credit to continuing education. The amendments also add a provision for a reinstatement period for providers of continuing education and exempt nonprofit and not-for-profit organizations from payment of the required provider fee, but do require nonprofit and not-for-profit organizations to submit certain information.
The amendments to 365:25-3-1 provide consistency with current terms of art and exempts nonprofit organizations from payment of a continuing education provider fee. The amendment provides a reinstatement period for education providers and allows the Commissioner to take administrative action against a provider that offers a course that has been denied.
Sections 365:25-3-1.1 through 365:25-3-1.3 are being revoked to promote uniformity and reciprocity with other states.
The amendments to section 365:25-3-14 require adjusters adjusting workers' compensation claims in Oklahoma to complete six (6) hours of continuing education relating to the Oklahoma Workers' Compensation Act. The six hours are part of the twenty-four (24) clock hours of continuing education as set forth
in 36 O.S. § 6217(D). Additionally, insurers are required to verify compliance by submission of certain documentation to the Insurance Department. Section 365:25-3-15 places requirements on producers selling variable life products in addition to variable annuities. The amendment to 365:25-3-16 removes the requirement that a person provide a clearance letter from a prior state when applying to become a resident producer in this state. It also provides an examination exemption for adjusters who obtain a multi-peril crop license if the person presents the proper federal certification.
Section 365:25-3-17 is revoked because the agriculture revenue insurance license is a limited lines license that no longer exists.
Section 365:25-3-18 is amended to remove the one-time training requirement as this standard is no longer used.
New sections 365:25-3-20.1 through 365:25-3-20.3 provide authority for the Commissioner to approve contract forms and cancellation provision standards.
The amendment to 365:25-5-3 requires an applicant for a bondman's license to complete prelicensing education as required by 59 O.S. § 1308.1(A). Section 365:25-5-35 changes the bail bondsman's license renewal to every two years and provides for payment of the required fee and any late fee every two years. The section also changes the expiration of the bondsman's license to the last day of the bondsman's birth month.
New sections 365:25-5-45 and 365:25-5-46 require fines and costs assessed against bondsmen to be paid within 30 days of the date of the order and require notification by the bondsman if the bondsman uses a name other than the legal name of the bondsman.
The new Subchapter 23 creates rules for the implementation and regulation of the Cemetery Merchandise Trust Act. New section 365:25-23-1 sets forth the purpose of the subchapter.
New section 365:25-23-2 requires any organization accepting money or anything of value for prepaid cemetery merchandise to obtain a permit from the Insurance Department. The rule sets forth reasons that the permit may be denied.
New section 365:25-23-3 requires approval by the Insurance Department of contracts used in the sales of cemetery merchandise. New section 365:25-23-4 sets forth the required forms necessary for the Insurance Department to administer and regulate the Cemetery Merchandise Trust Act. New section 365:25-23-5 requires permit holders to inform the Insurance Department of the identity of the trustee if the funds are held in trust.
New section 365:25-23-6 sets forth requirements for permit holders posting surety bonds. New section 365:25-23-7 provides the requirements for the report that must be submitted by each permit holder if the permit holder chooses to provide a summary of the relevant information contained in each contract. New section 365:25-23-8 requires each permit holder to file an annual report with the Insurance Department. The rule lists the information required to be submitted.
New section 365:25-23-9 provides requirements that must be submitted to the Insurance Department when there is a sale or transfer of ownership.
Appendix T is revoked because it is no longer used by the Insurance Department.
Julie Meaders, Assistant General Counsel, Oklahoma Insurance Department, 3625 NW 56th St., Suite 100, Oklahoma City, OK 73112, (405) 521-2746
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 14, 2011: SUBCHAPTER 3. Producers, Brokers, Limited Lines Producers and Vehicle Protection Product Warrantors 365:25-3-1. Insurance producers continuing education (a) Purpose. The purpose of this section is to set forth the requirements for continuing education, which an insurance producer must meet and to set forth the requirements for approval by the Insurance Commissioner of a proposed continuing education course.
(b) Definitions. The following words or terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise:
(1) "CEC""CE"means continuing education credit.
(2) "Certificate of course completion" means a document acceptable to the Commissioner which signifies satisfactory completion of the course and reflects hours of credit earned.
(3) "Continuing Education Advisory Committee" means the committee established by the Commissioner for the purpose of reviewing and recommending approval or disapproval of continuing education courses.
(4) "Credit hour" means at least fifty (50) minutes classroom instruction unless a correspondence or self-study course.
(5) "Instructor" means a person who presents course materials approved for continuing education credit hours, and who has experience, training, and/or education in the course subject matter and has been approved by the Commissioner.
(6) "Instructor Qualification Form" means a form acceptable to the Commissioner and completed by the instructor which documents qualifications of the instructor.
(7) "Licensee" means a natural person who is licensed by the Commissioner as an insurance producer.
(8) "Provider" means a person, corporation, professional association or its local affiliates, an insurance company or any other entity which is approved by the Commissioner and provides approved continuing education to insurance producers.
(9) "Provider Course Completion Form" means a form acceptable to the Commissioner and completed by the provider which documents completion of an approved course by a producer or producers.
(c) Exceptions. The requirements for continuing education in this section shall not apply to:
(1) limited lines producers.
(2) a non-resident producer who resides and is licensed in a state or district having continuing education requirements and the producer meets all the requirements of that state or district to practice therein. The non-resident producer shall be responsible for completing any reporting requirements necessary to verify completion.
(3) a non-resident producer of a state that does not require continuing education hours may fulfill the requirements of any other state's continuing education requirements and shall be deemed to have complied with this rule upon proof of completion of said hours.
(d) Continuing education requirements.
(1) CEC CE during twenty-four month period. All licensees shall complete the required hours of continuing education as set forth in 36 O.S. § 1435.29 during each twenty-four month period. The twenty-four month period begins the first day of the month following the month in which the after the license is granted. The credit hours completed must be in those lines in which the producer is licensed. Ethics shall include, but not be limited to, the study of fiduciary responsibility, commingling of funds, payment and acceptance of commissions, unfair claims practices, policy replacement consideration, and conflicts of interest.
(2) Certificates of course completion required for license renewal. If requested by the Insurance Department, each producer shall submit upon each licensing renewal certificate(s) of course completion as approved by the Insurance Department, which verify courses completed during the previous twenty-four month period.
(3) Credits carried over. Six (6) credit hours in excess of the minimum twenty-four month period requirement shall carry forward to the next twenty-four month period. Excess hours may be applied to bring a lapsed license into compliance.
(4) Legislative updates.
(A) At least two (2) of the continuing education credit hours of instruction completed by licensees each twenty-four month period shall be taken in the following topics:
(i) state legislative updates
(ii) federal legislative updates.
(5) Credits for instructors. An instructor who is a licensee shall receive the same continuing education credit for presenting approved course materials as a licensee who attends an approved classroom instructional session.
(6) Prerequisite for renewal or reinstatement. As a prerequisite for licensure renewal or upon reinstatement following a lapse of license, a producer must submit, on his or her renewal/reinstatement date, the appropriate forms as specified in this section which establish that the education requirements have been met for the previous year(s).
(e) Approval of continuing education providers.
(1) Information required, fee. Each provider shall apply for approval from the Commissioner. Each provider, with the exception of public funded educational institutions, federal agencies or, nonprofit organizations, not-for-profit organizations, and Oklahoma state agencies, shall submit after its approval a provider fee of Two Hundred Dollars ($200.00), and all providers, including public funded educational institutions, federal agencies, nonprofit organizations, not-for-profit organizations, and Oklahoma agencies shall provide:
(A) Name and address of the provider;
(B) Contact person and his or her address and telephone number;
(C) The location of the courses or programs, if known, unless it is an individual self- study course;
(D) The number of CEC CE hours requested for each course;
(E) Topic outlines which list the summarized topics covered in each course and a copy of any course materials. If a prior approved course has substantially changed, a summarization of those changes;
(F) The names and qualification of instructors. An instructor shall have one of the following qualifications:
(i) Three (3) years of recent experience in the subject area being taught; or
(ii) A degree related to the subject area being taught; or
(iii) Two (2) years of recent experience in the subject area being taught and twelve (12) hours of college and/or vocational technical school credit hours in the subject area being taught.
(G) If a prior approved course has materially changed, a summarization of those changes;
(2) Renewal fee. An annual renewal fee of Two Hundred Dollars ($200.00) shall be payable on or before the approval anniversary date of each year by each provider to renew the approval of the provider. A fee of double the annual renewal fee shall be paid if the application for renewal is late or incomplete on the approval anniversary date.
(3) Reinstatement period. Providers whose approval has expired may be reinstated pursuant to paragraph 1 of this subsection. The reinstatement period shall be for a period of one (1) year following the expiration of the renewal date. The approval of the provider and any currently active courses shall remain active for the reinstatement period. If the provider and all courses fail to remain active following the reinstatement period, the provider and courses shall not be reinstated and the provider and courses shall be required to be approved pursuant to the provisions of this subsection.
(3 4) Withheld or withdrawn approval. The Commissioner may withhold or withdraw approval of any provider for violation of or non-compliance with any provision of this section.
(f) Courses; approval; records; fee.
(1) Timeline for approval. At least thirty (30) days prior to the use of any course and not less than ten (10) days prior to the Continuing Education Advisory Committee meeting immediately preceding the course date, the provider shall apply for and submit the appropriate course review fee to the Commissioner for course approval. The Commissioner shall grant or deny approval based upon information submitted in this section regarding each course or additional information regarding the course, if necessary. The Commissioner will assign the number of CEC CE hours awarded for an approved course and the line or lines of insurance for which the course qualifies.
(2) Written approval required. All courses shall require written approval by the Commissioner.
(3) Withheld or withdrawn approval. The Commissioner may withhold or withdraw approval for any course approval. This withdrawal will not affect any CEC CE hours attained under the course previous to the withdrawal. If a provider provides a CE course after that course has been denied by the Commissioner, the provider may be subject to an administrative action and penalty.
(4) Minimum of one credit hour. Courses submitted for approval must consist of a minimum of one credit hour of course instruction.
(5) Continuing education course must be separate from meetings. Courses conducted in conjunction with other meetings must have a separate continuing education course component.
(6) Content of courses. Courses must be of a meaningful nature and shall not include items such as prospecting, motivation, sales techniques, psychology, recruiting, and subjects not relating to the insurance license. However, agency management courses designed to assist producers in becoming more efficient, profitable, and assuring their perpetuation, will be deemed to be in the best interest of the insuring public and thereby subject to approval. Each such agency management course must include the description, the effects the course is designed to accomplish toward the purposes of efficiency, profitability, and/or perpetuation and each course will be reviewed for approval on its own merits.
(7) Certificate of Course Completion. At the completion of each course, the provider shall provide the insurance producer a "Certificate of Course Completion" Form.
(8) List of producers completing course to Commissioner; producer license numbers. Within ten (10) business days after completion of each course, the provider shall provide the Commissioner a list of all insurance producers who completed the course on the Course Completion
Form. This list shall contain the course number, date of completion and license numbers of all insurance producers completing the course. If the list is not reported within ten (10) business days, a late report fee of $50.00 shall be paid to the Insurance Department. Failure to pay the late report fee may result in revocation of provider approval. Continued late filing may also result in loss of approval.
(9) Course records maintained four years. Providers shall maintain course records for at least four (4) years. The Commissioner may order an examination of a provider, at the provider's expense, for good cause shown.
(10) Repeated approved course. At least fourteen (14) days prior to the repetition of an approved course, the Commissioner shall be notified in writing of the repetition, providing course number, name, date and instructor's name.
(11) Course evaluation. The continuing education provider shall provide written notification to each producer of the opportunity to offer comments on any continuing education class via the Insurance Department website.
(12) A non-refundable course review fee of thirty dollars ($30.00) per course shall be submitted by all continuing education providers at the time the course submission is first submitted for review and upon submission for renewal at expiration with the exception of publicly funded educational institutions, federal agencies, Oklahoma state agencies, non-profit organizations, and not-for-profit organizations.
(g) Approved Professional Designation Programs.
(1) Definitions.
(A) Participation. As used in 36 O.S. § 1435.29(B)(3), participates means successfully completing any part of a course curriculum totaling twenty (20) classroom or equivalent classroom hours of an approved professional designation program.
(B) Approved Professional Designation Program. As used in 36 O.S.§ 1435.29(B)(3), an approved professional designation program means an educational insurance program approved by the Commissioner with a sponsoring organization that administers curriculum requirements and testing standards for candidates.
(2) Requirements. A professional designation program shall satisfy the following criteria to receive initial and ongoing approval for the program:
(A) The program shall have a sponsoring organization;
(B) The program's sponsoring organization shall maintain and govern a code of conduct;
(C) The program shall be relevant to the sale, solicitation, or negotiation of insurance products in the State of Oklahoma;
(D) Each course of the professional designation course curriculum shall be a minimum of twenty (20) hours of classroom instruction or equivalent classroom instruction; and
(E) The program shall include an examination requirement that students shall pass before earning the designation.
(3) Submissions. The sponsoring organization shall submit the following to the Commissioner for its professional designation program to be considered for initial and ongoing approval for the program:
(A) The sponsoring organization's code of conduct;
(B) The sponsoring organization's membership requirements;
(C) The professional designation program's course requirements; and
(D) The professional designation program's examination requirements.
(4) Submission exemptions. Professional designation programs recognized by the National Association of Insurance Commissioners (NAIC) for waiver/exemption of pre-licensing education training shall receive initial and continuing approval without submission by the sponsoring organization.
(h) Presumptive Continuing Education Credit Approval.
(1) Requirements. A professional association may receive presumptive approval of the association's continuing education courses by satisfying the following requirements:
(A) The association shall have a mission statement that includes a commitment to enhance the professional, educational, or ethical skills of its members;
(B) The association shall maintain
and govern a code of member conduct;
(C) The association shall offer educational programs relevant to the sale, solicitation, or negotiation of insurance products in the State of Oklahoma; and
(D) The association shall perpetuate its continuity through the election of officers.
(2) Submissions. Each professional association shall submit the following to be considered for initial and ongoing presumptive course approval:
(A) The association's mission statement;
(B) The association's code of member conduct;
(C) The chapter officers, the responsibilities for each officer, and the term of office for each officer;
(D) The mailing address and primary contact for the association; and
(E) The list of continuing education courses approved in Oklahoma and offered by the professional association in the past twenty-four (24) months.
(3) Notification of approval or disapproval.
(A) The Commissioner shall notify the association within ninety (90) days from the receipt of submission whether presumptive approval for continuing education courses was granted. The notification shall indicate the reasons for disapproval.
(B) Submissions to the Commissioner by an association seeking presumptive approval of continuing education courses shall include the course summary, instructor name, course date and location and shall be submitted to the Commissioner at least fifteen (15) business days prior to the presentation of the course.
(C) If the Commissioner receives a report or reports that the content of a continuing education course may violate 365:25-3-1(f)(6) of this section, the Commissioner may review the content and determine if the course should be disapproved for noncompliance. The Commissioner shall notify the association if the course has been disapproved due to non-compliance, and the association shall immediately cease offering the course upon receipt of the notification. The association may then make corrections to a disapproved course to bring the course into compliance with 365:25-3-1(f)(6) of this section and submit the course for approval by the Commissioner in the manner of an original submission for presumptive continuing education course approval.
(D) Should an association receive notification of three (3) disapproved courses within a twenty-four (24) month period, the association's presumptive approval for continuing education courses shall be rescinded for twenty-four (24) months after which time the association may re-apply for presumptive approval.
(4) Assignment of course number. The Commissioner shall assign a course number once the presumptive approval for continuing education courses has been granted and shall notify the association of the assigned course number. All future correspondence relating to that course shall reference the assigned course number.
(5) Instructor approval. Instructors shall be approved by the Commissioner at least fourteen (14) calendar days prior to a presentation of a course. The Commissioner may disapprove any course if instructor approval has not been granted.
(6) Review. Course approval shall be reviewed every three (3) years. The association shall re-submit the items required in subparagraph (3)(B) of this section during the fourth quarter of the last approval year.
(7) Agency Management Courses. Agency management courses shall not be considered for presumptive continuing education approval.
(i) Self study and Distance Learning Courses. The Insurance Commissioner shall determine appropriate guidelines and standards for self-study and distance learning CEC CE offerings. The guidelines and standards shall include authentication of the registered licensee, technology requirements for course delivery and testing protocols. Guidelines and standards shall be reviewed, updated as appropriate, and published annually. Failure to follow the guidelines and standards established by the Commissioner may result in denial of continuing education credit for the producer and revocation of the course approval and or provider status for the provider.
(j) Repeating courses. An insurance producer may repeat a course within the twenty-four month period if the maximum credits designated for the course were not attained in the first attempt. By repeating the course, the producer may not during the twenty-four month period earn more than the maximum credits designated for the course. A producer may repeat a course after two years have elapsed and receive the maximum credits designated for the course. This section shall not apply to ethics courses.
(k) Extension of time. For good cause shown, the Commissioner may grant an extension of time during which the requirements imposed by the act may be completed. The extension shall not exceed twelve (12) months. The extension will not alter the requirements or due date of the succeeding twenty-four-month period. "Good cause" includes disability, natural disaster, or
other extenuating circumstances. Each request for extension of time shall be in writing from the licensee and shall include details and any documentation to support the request. Each request must be received by the Commissioner no less than thirty (30) days before the expiration of the twenty-four month period.
(l) Course approval. Prior to the Commissioner's approval or disapproval of a course in 365:25-3-1(f), a continuing education advisory committee will review the course submitted and make its nonbinding recommendation to the Commissioner on granting or denying approval based upon information submitted in 365:25-3-1(e) regarding the course or additional information regarding the course, if necessary, the number of CEC CE hours awarded for an approved course and the line or lines of insurance for which the course qualifies. Each course approval shall be valid for a period of not more than two (2) years, unless the course has a material change. Material changes to courses require course resubmission for overall course review and approval. Course approval following the review of material changes shall reset the validity period. At the expiration of the validity period, providers shall submit the course for approval by the Commissioner if the provider wants to continue to offer the course for continuing education credit.
(m) Severability provision. If any provision of this section, or application of such provision to any person or circumstances, shall be held invalid, the remainder of the section, and the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby.
365:25-3-1.1. Application for resident producer license [REVOKED] (a) Requirements. An applicant for a resident insurance producer license shall either hold a provisional producer license and complete eight (8) hours of pre-licensing education required by 36 O.S. § 1435.7A(B)(4) or participate in an approved insurance company training program.
(b) Exceptions. A provisional producer license or participation in an approved insurance company training program is not required for the following producer license applicants:
(1) Limited lines producer;
(2) Surplus lines insurance broker;
(3) A title insurance producer licensed prior to November 1, 2006, who is an applicant for an aircraft title producer license;
(4) A person licensed as an insurance producer in another state who moves to this state and makes application to become a resident licensee within ninety (90) days of establishing legal residence in Oklahoma; and
(5) A person reinstating a lapsed license within twenty-four (24) months from the due date of the renewal fee; and
(6) Variable annuity producers.
365:25-3-1.2. Provisional producer licensees [REVOKED] (a) Sponsoring producers. A sponsoring producer may supervise no more than ten (10) provisional licensees at any time.
(b) Pre-licensing education. The Commissioner shall develop and publish the topic outlines covered in the eight (8) hours of pre-licensing education. Providers and course submissions shall be approved by the Commissioner in the same manner as applicable to continuing education courses. Course submission shall include all course materials. All courses shall be offered as classroom instruction.
(c) Time requirements-exceptions. A provisional producer license may be held for up to six (6) months to complete pre-licensing education requirements. A licensee who is unable to comply with pre-licensing education requirements due to military service, a medical condition, or other extenuating circumstance may request an extension of time to complete the requirements. The request shall be in writing.
365:25-3-1.3. Approved insurance company training program [REVOKED] (a) Requirements. An insurance company shall certify on the affidavit required by Appendix T of this chapter that its training program satisfies all criteria required by the affidavit.
(b) Notification. An insurance company shall notify the Commissioner within thirty (30) days if changes to its training program do not fulfill the requirements set forth in the affidavit.
(c) Participation. A producer shall document participation by completing a form provided by the Commissioner. The form shall be submitted with the producer application.
365:25-3-14. Insurance adjusters continuing education (a) Purpose. The purpose of this section is to set forth the requirements for continuing education which an insurance adjuster must meet, and to set forth the requirements for approval by the Insurance Commissioner of a proposed continuing education course.
(b) Definitions. The following words or terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise:
(1) "CEC" "CE" means continuing education credit.
(2) "Certificate of course completion" means a document acceptable to the Commissioner which signifies satisfactory completion of the course and reflects hours of credit earned.
(3) "Continuing Education Advisory Committee" means the committee established by the Commissioner for the purpose of reviewing and recommending approval or disapproval of continuing education courses.
(4) "Credit hour" means at least fifty (50) minutes of classroom instruction, unless a correspondence or self-study course.
(5) "Instructor" means a person who presents course materials approved for continuing education credit hours, and who has experience, training, and/or education in the course subject matter and has been approved by the Commissioner.
(6) "Instructor Qualification Form" means a form acceptable to the Commissioner and completed by the instructor which documents qualifications of the instructor.
(7) "Licensee" means a natural person who is licensed by the Commissioner as an insurance adjuster.
(8) "Provider" means a person, corporation, professional association or its local affiliates, an insurance company or any other entity which is approved by the Commissioner and provides approved continuing education to insurance adjusters.
(9) "Provider Course Completion Form" means a form acceptable to the Commissioner and completed by the provider which documents completion of an approved course by an adjuster or adjusters.
(c) Exceptions. Continuing education requirements shall not apply to non-resident adjusters licensed in a state that has a continuing education requirement for adjusters.
(d) Continuing education requirements.
(1) CEC CE during twenty-four month period. All licensees shall complete the required hours of continuing education as set forth in Section 6217(B) of Title 36 of the laws of this state during each twenty-four month period. The twenty-four month period begins the first day of the month following the month in which the license is granted. The credit hours completed must be in those lines in which the adjuster is licensed. Six (6) credit hours in excess of the minimum twenty-four month period requirement shall carry forward to the next twenty-four month period. Excess hours may be applied to bring a lapsed license into compliance.
(A) All adjusters who adjudicate workers compensation claims shall complete six (6) hours of continuing education relating to the Workers' Compensation Act as part of the twenty-four (24) clock hours of continuing insurance education as set forth in Section 6217(D) of Title 36 of the Oklahoma Statutes.
(B) Insurers who utilize either a resident or non-resident adjuster for the adjudication of workers compensation claims occurring in this state shall verify that the adjuster has completed the workers compensation biennial continuing education requirement set forth in subparagraph (A) of this paragraph. An insurer may satisfy its responsibility under this subsection by:
(i) Obtaining certificates of completion of the continuing
education course,
(ii) Obtaining reports provided by Commissioner-sponsored database systems or vendors, or
(iii) Obtaining reports from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers.
(C) Insurers subject to the provisions of this subsection shall maintain records with respect to the continuing education requirement of its adjusters as set forth in subparagraph (A) of this paragraph. These records shall be maintained in accordance with the state's record retention requirements and shall be made available to the Commissioner upon request.
(2) Certificates of course completion required for license renewal. If course completion is not reflected on the license renewal form issued by the Insurance Department, each adjuster shall attach, if requested by the Commissioner, an approved course completion certificate to the license renewal form returned to the Department for verification of course completion. The Commissioner shall maintain a cumulative total of continuing education credit hours to insure compliance within the twenty-four (24) month period.
(3) Legislative Updates. At least two (2) of the continuing education credit hours of instruction completed by licensees each twenty-four month period shall be taken in the following topics:
(A) State legislative updates, or
(B) Federal legislative updates.
(4) Credits for instructors. An instructor who is a licensee shall receive the same continuing education credit for presenting approved course materials as a licensee who attends an approved classroom instructional session by including his/her name and license number on roster.
(5) Prerequisite for renewal or reinstatement. As a prerequisite for license renewal or prior to reinstatement following a lapse of license, an adjuster must submit the appropriate forms as specified in this section that establish the educational requirements have been met if not currently recorded by the Oklahoma Insurance Department.
(e) Approval of continuing education providers.
(1) Information required. Each provider shall apply for approval by the Commissioner. All providers, including publicly funded educational institutions, federal agencies, or nonprofit organizations, not-for-profit organizations, and Oklahoma state agencies, shall provide:
(A) Name and address of the provider.
(B) Contact person and his or her address and telephone number(s).
(C) The location of the courses or programs, if known, unless it is an individual elf-study course.
(D) The number of CEC CE hours requested for each course.
(E) Topic outlines which list the summarized topics covered in each course and a copy of any course materials.
(F) The names and qualification of instructors. An instructor shall have one of the following qualifications:
(i) Three (3) years of recent experience in the subject area being taught; or
(ii) A degree related to the subject area being taught; or
(iii) Two (2) years of recent experience in the subject area being taught and twelve (12) hours of college and/or vocational technical school credit hours in the subject area being taught.
(G) If a prior approved course has materially changed, a summarization of those changes.
(2) Withheld or withdrawn approval. The Commissioner may withhold or withdraw approval of any provider for violation of or non-compliance with any provision of this section.
(f) Courses; approval; records.
(1) Course approval timeline. A provider shall apply to the Commissioner for course approval by submitting forms and materials to the Commissioner the first day of the month one full month prior to the date of the first course offering. The Commissioner shall grant or deny approval based upon information submitted in this section regarding each course or additional information regarding the course, if necessary. The Commissioner will assign the number
of CEC CE hours awarded for an approved course and the line or lines of insurance for which the course qualifies.
(2) Repeated approved course. At least fourteen (14) days prior to the repetition of an approved course, the Commissioner shall be notified in writing of the repetition, providing course number, name, date, location and instructor's name.
(3) Written approval required. All courses shall require written approval by the Commissioner.
(4) Withheld or withdrawn approval. The Commissioner may withhold or withdraw approval for any course. This withdrawal will not affect any CEC CE hours attained under the course previous to the withdrawal.
(5) Minimum of one credit hour. Courses submitted for approval must consist of a minimum of one credit hour of course instruction.
(6) Continuing education course must be separate from meetings. Courses conducted in conjunction with other meetings must have a separate continuing education course component.
(7) Content of courses. Courses must be of a meaningful nature and shall not include items such as prospecting, motivation, sales techniques, psychology, recruiting, time management, phone etiquette, basic pre-licensing principles of adjusting, and subjects not relating to the adjuster's license.
(8) Certificate of Course Completion. At the completion of each course, the provider shall provide the insurance adjuster a "Certificate of Course Completion" Form.
(9) List of adjusters completing course to Commissioner. Within ten (10) business days after completion of each course, the provider shall provide the Commissioner a list of all insurance adjusters who completed the course on the Course Completion Form. This list shall contain the course number, date of completion and license numbers of all insurance adjusters completing the course. If the list is not reported within ten (10) business days, a late report fee of $50.00 shall be paid to the Insurance Department. Failure to pay the late report fee may result in revocation of provider approval. Continued late filing may also result in loss of approval.
(10) Course records maintained four (4) years. Providers shall maintain course records for at least four (4) years. The Commissioner may order an examination of a provider, at the provider's expense, for good cause shown.
(11) Course review fee. A non-refundable course review fee of thirty dollars ($30.00) per course shall be submitted by all continuing education providers at the time the course submission is first submitted for review and upon submission for renewal at expiration with the exception of publicly funded educational institutions, federal agencies, Oklahoma state agencies, non-profit organizations, and not-for-profit organizations.
(12) Reinstatement period. Providers whose approval has expired may be reinstated pursuant to paragraph 1 of this subsection. The reinstatement period shall be for a period of one (1) year following the expiration of the renewal date. The approval of the provider and any currently active courses shall remain active for the reinstatement period. If the provider and all courses fail to remain active following the reinstatement period, the provider and courses shall not be reinstated and the provider and courses shall be required to be approved pursuant to the provisions of this subsection.
(g) Approved professional designation programs.
(1) Definitions.
(A) Participation. As used in 36 O.S. § 1435.29(B)(3), participates means successfully completing any part of a course curriculum totaling twenty (20) classroom or equivalent classroom hours of an approved professional designation program.
(B) Approved professional designation program. As used in 36 O.S. § 1435.29(B)(3), an approved professional designation program means an educational insurance program approved by the Commissioner with a sponsoring organization that administers curriculum requirements and testing standards for candidates.
(2) Requirements. A professional designation program shall satisfy the following criteria to receive initial and ongoing approval for the program:
(A) The program shall have a sponsoring organization;
(B) The
program's sponsoring organization shall maintain and govern a code of conduct;
(C) The program shall be relevant to the sale, solicitation, or negotiation of insurance products in the State of Oklahoma;
(D) Each course of the professional designation course curriculum shall be a minimum of twenty (20) hours of classroom instruction or equivalent classroom instruction; and
(E) The program shall include an examination requirement that students shall pass before earning the designation.
(3) Submissions. The sponsoring organization shall submit the following to the Commissioner for its professional designation program to be considered for initial and ongoing approval for the program:
(A) The sponsoring organization's code of conduct;
(B) The sponsoring organization's membership requirements;
(C) The professional designation program's course requirements; and
(D) The professional designation program's examination requirements.
(4) Submission exemptions. Professional designation programs recognized by the National Association of Insurance Commissioners (NAIC) for waiver/exemption of pre-licensing education training shall receive initial and continuing approval without submission by the sponsoring organization.
(h) Presumptive continuing education credit approval.
(1) Requirements. A professional association may receive presumptive approval of the association's continuing education courses by satisfying the following requirements:
(A) The association shall have a mission statement that includes a commitment to enhance the professional, educational, or ethical skills of its members;
(B) The association shall maintain and govern a code of member conduct;
(C) The association shall offer educational programs relevant to the sale, solicitation, or negotiation of insurance products in the State of Oklahoma; and
(D) The association shall perpetuate its continuity through the election of officers.
(2) Submissions. Each professional association shall submit the following to be considered for initial and ongoing presumptive course approval:
(A) The association's mission statement;
(B) The association's code of member conduct;
(C) The chapter officers, the responsibilities for each officer, and the term of office for each officer;
(D) The mailing address and primary contact for the association; and
(E) The list of continuing education courses approved in Oklahoma and offered by the professional association in the past twenty-four (24) months.
(3) Notification of approval or disapproval.
(A) The Commissioner shall notify the association within ninety (90) days from the receipt of submission whether presumptive approval for continuing education courses was granted. The notification shall indicate the reasons for disapproval.
(B) Submissions to the Commissioner by an association seeking presumptive approval of continuing education courses shall include the course summary, instructor name, course date and location and shall be submitted to the Commissioner at least fifteen (15) business days prior to the presentation of the course.
(C) If the Commissioner receives a report or reports that the content of a continuing education course may violate paragraph 365:25-3-1(f)(7) of this section, the Commissioner may review the content and determine if the course should be disapproved for noncompliance. The Commissioner shall notify the association if the course has been disapproved due to noncompliance, and the association shall immediately cease offering the course upon receipt of the notification. The association may then make corrections to a disapproved course to bring the course into compliance with paragraph 365:25-3-1(f)(7) of this section and submit the course for approval by the Commissioner in the manner of an original submission for presumptive continuing education course approval.
(D) Should an association receive notification of three (3) disapproved courses within a twenty-four (24) month period, the association's presumptive approval for continuing education courses shall be rescinded for twenty-four (24) months after which time the association may re-apply for presumptive approval.
(4) Assignment of course number. The Commissioner shall assign a course number once the presumptive approval for continuing education courses has been granted and shall notify the association of the assigned course number. All future correspondence relating to that course shall reference the assigned course number.
(5) Instructor approval. Instructors shall be approved by the Commissioner at least fourteen (14) calendar days prior to a presentation of a course. The Commissioner may disapprove any course if instructor approval has not been granted.
(6) Review. Course approval shall be reviewed every three (3) years. The association shall re-submit the items required in subparagraph 365:25-3-14(H)(3)(B) of this section during the fourth quarter of the last approval year.
(7) Agency management courses. Agency management courses shall not be considered for presumptive continuing education approval.
(i) Self study and distance learning courses. The Insurance Commissioner shall determine appropriate guidelines and standards for self-study and distance learning CEC CE offerings. The guidelines and standards shall include authentication of the registered licensee, technology requirements for course delivery and testing protocols. Guidelines and standards shall be reviewed and updated as appropriate and published on the Commissioner's website annually. Failure to follow the guidelines and standards established by the Commissioner may result in denial of continuing education credit for the adjuster and revocation of the course approval and or provider status for the Provider.
(j) Repeating courses. An insurance adjuster may repeat a course within the twenty-four month period if the maximum credits designated for the course were not attained in the first attempt. By repeating the course, the adjuster may not during the twelve twenty-four month period earn more than the maximum credits designated for the course. An adjuster may repeat a course after two (2) license renewal dates years have elapsed and receive the maximum credits designated for the course.
(k) Extension of time. For good cause shown, the Commissioner may grant an extension of time during which the requirements imposed by the act may be completed. The extension shall not exceed twelve (12) months. The extension will not alter the requirements or due date of the succeeding twelve-month period. "Good cause" includes disability, natural disaster, or other extenuating circumstances. Each request for extension of time shall be in writing from the licensee and shall include details and any documentation to support the request. Each request must be received by the Commissioner no less than thirty (30) days before the expiration of the twenty-four month period.
(l) Continuing education advisory committee.
(1) There shall hereby be established the Continuing Education Advisory Committee. This committee shall consist of representatives from the Agents Licensing Division, and representatives from the industry (not to exceed three (3) individuals) as designated by the Commissioner. Members of the Advisory Board established by 36 O.S. § 6221 may also serve on the Continuing Education Advisory Committee. The committee shall meet at least quarterly and additionally as required. Members of the committee shall serve without pay and shall not be reimbursed for any expenses associated therewith.
(2) Prior to the Commissioner's approval or disapproval of a course in subsection 365:25-3-14(e), the Continuing Education Advisory Committee will review the course submitted and make its nonbinding recommendation to the Commissioner on granting or denying approval based upon information submitted pursuant to subsection 365:25-3-14(e) and additional information regarding the course, if necessary. Each course approval shall be valid for a period of no longer than two (2) years, unless the course has a material change. Material changes to courses require course resubmission for overall course review and approval. Course materials may be resubmitted as requested for review at the time of expiration. All existing courses previously approved and current with the Commissioner shall be submitted in accordance with the expiration date as granted by the Commissioner unless the course has a material change, as previously detailed.
(m) Severability provision. If any provision of this section, or application of such provision to any person or circumstances, shall be held invalid, the remainder of the section, and the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby.
365:25-3-15. Variable annuity product licensing (a) An applicant for a variable annuity license shall: Producers who wish to sell a variable life product shall have passed successfully the Oklahoma Life Insurance examination and shall
(1) Provide provide proof of current FINRA registration with series 6 or 7 and series 63 or 66, and.
(b2) Pay No test shall be required of an applicant for a variable annuity license if:
(1) The applicant provides proof of current FINRA registration with series 6 or 7 and series 63 or 66, and
(2) The applicant shall Pay pay an additional license fee as required by 36 O.S. § 1435.23(A)(4)(b) with the submission of an application as prescribed by the Insurance Commissioner.
365:25-3-16. Examination exemptions (a) The following applicants are cognizant of and capable of fulfilling the responsibilities of the license without an examination:
(1) limited lines producers,
(2) surplus lines brokers,
(3) aircraft title producer license if the applicant was licensed as a title insurance producer prior to November 1, 2006, and
(4) a person licensed as an insurance producer in another state who moves to this state and makes application to become a resident licensee within ninety (90) days of establishing legal residence. The examination exemption shall apply for the lines of authority held in the prior state. A person shall qualify for this exemption by providing a clearance letter from the prior state dated within ninety (90) days from the date of receipt of the application.
(b) Multi-peril crop adjusters certified by the Federal Risk Management Agency working in partner with, or on behalf of, the Federal Crop Insurance Corporation may obtain a crop/hail or a multi-peril crop license upon presentation of the federal certification without having to take an examination.
365:25-3-17. Agriculture Revenue Insurance License [REVOKED] (a) Purpose. The purpose of this section is to set forth the requirements for licensing of producers to sell livestock risk insurance, livestock mortality insurance products, and other agricultural revenue insurance lines as determined by the Commissioner by rule.
(b) Definitions. As used in this section:
(1) "Agriculture Revenue Insurance " means crop hail insurance, multiperil crop hail insurance, livestock mortality insurance, livestock risk insurance and any additional lines of insurance as determined by the Commissioner by rule.
(2) "Adjuster" means any person licensed as an adjuster pursuant to 36 O.S. § 6201, et seq. of the Oklahoma Statutes.
(3) "Commissioner" means the Insurance Commissioner of the State of Oklahoma.
(4) "Crop Hail Insurance" and "Multiperil Crop Hail Insurance (crop/hail)" means insurance coverage against hail damage to crops provided by either a private insurer or the Federal Crop Insurance Corporation.
(5) "Limited Lines Producer" means a producer licensed pursuant to 36 O.S. § 1435.20 of the Act.
(6) "Livestock Mortality Insurance" means insurance coverage that protects agriculture livestock against injury or death or perils that result in livestock destruction. Livestock mortality insurance does not include coverage for animals used primarily for racing or show.
(7) "Livestock Risk Insurance" means livestock risk protection insurance that offers price protection for certain livestock producers and is reinsured by the Federal Crop Insurance Corporation pursuant to the authority of 7 U.S.C. § 1508(h) and 1523(b).
(8) "The Act" means the Oklahoma Producer Licensing Act, 36 O.S. § 1435.1, et seq.
(c) Limited Lines Producer License - Agriculture Revenue Insurance. Any person licensed as a limited lines producer license that includes the lines of crop hail and multiperil crop hail insurance may obtain a limited lines license for the line of agriculture revenue insurance.
(d) Claims Adjusting. Persons submitting a claim under a policy authorized by this section shall have their claims adjusted by an adjuster licensed by the Commissioner to adjust claims as a licensed crop/hail, property or casualty adjuster.
365:25-3-18. Compensation and education for sale of Medicare Advantage (including private fee for service plans) or Medicare prescription drug products and plans (a) Compensation; selling, soliciting or negotiating Medicare Advantage products and plans.
(1) Applicability. The provisions of this section shall apply only to insurance companies and producers who solicit, negotiate or sell Medicare Advantage (including private fee for service plans) or Medicare Prescription Drug products and plans.
(2) Insurance companies. An insurance company shall not pay or offer to pay compensation to producers based on the number of sales of Medicare Advantage products and plans. An insurance company may pay a commission for each sale, but compensation shall not be tiered or based on a sales threshold.
(3) Producers. A producer shall not accept compensation based on the number of sales of Medicare Advantage products and plans. A producer may receive a commission for each sale, but compensation shall not be tiered or based on a sales threshold.
(4) One-time training requirement. An individual may not sell, solicit or negotiate Medicare Advantage (including private fee for service plans) or Medicare Prescription Drug products and plans unless the individual is licensed as an insurance producer for accident and health and has completed a one-time training course. The training shall meet the requirements set forth in subsection (b) of this section.
(5) Producers licensed prior to July 14, 2008. An individual already licensed for accident and health who sells, solicits or negotiates Medicare Advantage products and plans may not continue to sell, solicit or negotiate Medicare Advantage products and plans unless the individual has completed a one-time training course as set forth in subsection (b) of this section prior to the individual's first biennial license renewal period occurring after July 14 of the year 2008.
(b) Training Requirements
(1) One-time training. The one-time training required by this section shall be no less than eight (8) hours and shall not be applied as continuing education course credit.
(2 1) All subsequent biennial Biennial renewal periods. Producers who sell solicit, or negotiate Medicare Advantage (including private fee for service plans) or Medicare Prescription Drug products and plans shall complete four (4) hours of continuing education during each biennial renewal period. The continuing education required by this section may be applied as a continuing education course credit under Section 1435.29 of Title 36 of the Oklahoma Statutes.
(3 2) Company products; sales and marketing information. The training required by this section shall not include training that is insurer or company product specific or that includes any sales or marketing information, materials, or training, other than those required by state or federal law.
365:25-3-20.1. Prior approval of vehicle protection product contract forms No vehicle protection product form or related form shall be issued or used in this state unless the form has been filed with and approved by the Insurance Commissioner.
365:25-3-20.2. Cancellation language for vehicle protection product contract forms Each vehicle protection product contract shall contain a cancellation provision. In the event the contract is canceled by the warranty holder, return of premium shall be based upon ninety percent (90%) of the unearned pro rata premium less the actual cost of any service provided under the contract. In the event the contract is canceled by the vehicle protection product warrantor, return of premium
shall be based upon one hundred percent (100%) of unearned pro rata premium less the actual cost of any service provided under the contract.
365:25-3-20.3. Disapproval of any vehicle protection product contract form The Commissioner shall disapprove any vehicle protection product form filed pursuant to this section if the form:
(1) Violates the Vehicle Protection Product Act;
(2) Is misleading in any respect; or
(3) Is reproduced so that any material provision is substantially illegible.
SUBCHAPTER 5. Bail Bondsmen PART 1. CONTINUING EDUCATION FOR BAIL BONDSMEN 365:25-5-3. Education requirements (a) Education verification prior to licensure. Prior to taking the bail bondsman licensing examination, the applicant shall provide to the Insurance Commissioner an education verification form verifying successful completion of successfully complete the hours of prelicensing education required by 59 O.S. § 1308.1(A) in subjects pertinent to the duties and responsibilities of a bail bondsman.
(b) Annual continuing education. All bail bondsmen shall complete the credit hours of continuing education required by 59 O.S. § 1308.1(A) annually prior to license renewal.
(c) Verification of CEC required with license renewal. Each bondsman shall complete, upon each licensing renewal, an education verification form, in which he or she verifies continuing education courses completed by that bondsman during the previous twelve-month period.
(d c) CEC CE credit for instructor. An instructor who is a licensed bail bondsman shall receive the same continuing education credit for presenting approved course materials as a licensee who attends an approved classroom instructional session.
PART 5. GENERAL PROVISIONS PERTAINING TO BAIL BONDSMEN 365:25-5-35. Bondsman license renewal (a) Pursuant to 59 O.S. § 1309, bondsmen are required to renew their licenses annually biennially. Requirements for a complete renewal filing for a bondsman shall be submitted by September 15 each year the last day of the bondsman's birth month and must include each of the following:
(1) $100 A Two Hundred Dollar ($200.00) renewal fee, and
(2) proof of completion of eight (8) hours of continuing education, and
(3 2) for For professional bondsmen, a financial statement prepared in accordance with 59 O.S. § 1309(B).
(4 3) In case of renewal of a property bondsman license, the application shall also provide a county assessor's written statement stating the property's assessed value for each property used to post bonds and a written statement from any lien holder stating the current payoff amount on each lien for each property used to post bonds. The written statements shall be submitted by September 15 of each year.
(b) Renewal filings or partial renewal filings submitted after September 30 the renewal date will be assessed a $100 Two Hundred Dollar ($200.00) late renewal fee in addition to the usual $100 Two Hundred
Dollar ($200.00) renewal fee.
(c) Failure to complete the renewal process by November 30 the last day of the bondsman's birth month will result in non-renewal and the bondsman will an automatic expiration of the license. After the expiration, the license may be reinstated for up to one (1) year following the expiration date. If after the one (1) year date, the license has not been renewed, then the licensee shall be required to apply for a license as a new applicant.
(d) All licenses of bail bondsmen shall expire September 30 on the last day of the bondsman's birth month unless the Commissioner receives a complete renewal filing. A complete renewal filing consists of all necessary items required by paragraph (a) of this section as well as any other items required by the Commissioner.
(e) The November 30 date utilized in 59 O.S. § 1309(D) does not authorize a bail bondsman to continue acting as a bail bondsman if If the license has not been renewed by September 30 the expiration date, a bail bondsman shall not be authorized to continue acting as a bail bondsman.
(f) The Commissioner shall mail all renewal licenses to the bondsman's address of record.
365:25-5-45. Fines and costs due to Commissioner All fines and costs assessed by order of the Commissioner shall be due and payable to the Oklahoma Insurance Department within thirty (30) days of the date of the order unless otherwise ordered.
365:25-5-46. Notification of use of business name Any bondsman or surety doing business under any name or names other than the legal name of the bondsman or surety shall notify the Oklahoma Insurance Department prior to using the name or names.
SUBCHAPTER 23. Cemetery Merchandise Trusts The purpose of this subchapter is to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of the Cemetery Merchandise Trust Act. The information called for by the regulations of this subchapter is hereby declared to be necessary and appropriate in the public interest.
365:25-23-2. Permit required Pursuant to the Cemetery Merchandise Trust Act, any organization which shall accept money or anything of value for prepaid cemetery merchandise pursuant to a prepaid cemetery merchandise contract shall obtain a permit from the Oklahoma Insurance Department authorizing the transaction of this type of business prior to the commencement of this type of business. The Commissioner may deny the issuance of a permit if the organization or any of its owners or officers:
(1) Makes a material misstatement or misrepresentation in an application or permit;
(2) Has been sentenced, convicted, pled guilty or nolo contendre to a crime involving fraud, dishonesty or moral turpitude; or
(3) Fraudulently or deceptively obtains or attempts to obtain a permit for another.
365:25-23-3. Contract approval No organization shall use in any way any sales contract without having received prior written approval from the Insurance Commissioner to do so. The original and two (2) copies of any such contract, including any amendments thereto, shall be submitted to the Insurance Commissioner for approval.
(a) Application for Cemetery Merchandise Permit. An application for Cemetery Merchandise Permit shall be made by filing an Application for Cemetery Merchandise Permit Original Application on a form approved by the Commissioner. The application shall be filed with and approved by the Insurance Commissioner before any contracts covered by this act may be marketed.
(b) Surety bond. Organizations purchasing a surety bond shall use the Surety Bond Form as approved by the Commissioner. Any variation from this form must have the prior written approval of the Insurance Commissioner.
(c) Renewal of Cemetery Merchandise Permit. A renewal of a Cemetery Merchandise Permit shall be made by filing the Renewal of Cemetery Merchandise Permit form as approved by the Commissioner no later than March 15 of each year. Renewals made after March 15 of the year following the year the permit is first issued shall be made by filing the Application for Cemetery Merchandise Permit and paying any fines that may have been imposed with respect to an expired permit in addition to double the renewal fee.
(d) Cemetery Merchandise Annual Report. Every holder of a Cemetery Merchandise Permit shall file a Cemetery Merchandise Annual Report on a form approved by the Commissioner on or before March 15 of each year.
(e) Oklahoma Quarterly Report of Cemetery Merchandise. Every holder of a Cemetery Merchandise Permit that maintains a surety bond shall submit an Oklahoma Quarterly Report of Cemetery Merchandise on a form approved by the Commissioner.
(f) Notice of Sale. Prior to the sale of a cemetery with a cemetery merchandise permit, a permit holder shall first file a Notice of Sale on a form approved by the Commissioner.
365:25-23-5. Trust fund and trustee A holder of a Cemetery Merchandise Permit with funds in trust shall keep the Insurance Department informed of the identity of the trustee at all times and at all times shall comply with the provisions of 36 O.S. § 7126. Prior to changing the trustee or trust location, a permit holder shall notify the Commissioner at least thirty (30) days prior to any transfer or change stating the reason for the proposed change.
A permit holder posting a surety bond in lieu of making remittances to a trust fund, shall file a quarterly report no later than the thirtieth day after the close of each quarter. The bond shall be in an amount not less than the minimum funding requirement for cemetery merchandise trusts pursuant to the provisions of 36 O.S. § 7126. If at any time the Quarterly Report shows that the bond posted does not meet the minimum funding requirements, the permit holder shall be notified by the Insurance Department and shall post an additional or amended bond within ten (10) days following notification. The additional or amended bond shall be sufficient in size to satisfy the provisions of 36 O.S. §§ 7126 and 7127.
365:25-23-7. Reports to trustee The Cemetery Merchandise Trust Act provides that each permit holder provide either a copy of each contract to its trustee or may, in lieu thereof, submit a summary of the relevant information from the contracts. If a permit holder chooses to provide a summary, the information shall be submitted on a monthly basis to the trustee on a form provided by the Oklahoma Insurance Department. The report shall contain the following information:
(1) Name of the cemetery;
(2) Town where the cemetery is located;
(3) Period of time covered by the report;
(4) Account numbers assigned to each contract;
(5) Name of the contract beneficiary;
(6) Description of the merchandise purchased;
(7) Cost breakdown on each piece of merchandise sold which is covered by the Cemetery Merchandise Trust Act;
(8) Amount of deposit made on each account;
(9) Beginning and ending balances; and
(10) A current original manufacturer's price list from any and all cemetery merchandise suppliers used by the permit holder.
365:25-23-8. Annual report On or before March 15 of each year, each permit holder shall file an Annual Report with the Oklahoma Insurance Department which shall include the following information:
(1) Name of the cemetery;
(2) Town where the cemetery is located;
(3) Name and address of person to contact with questions about the report;
(4) Period of time covered by the report;
(5) Trust account numbers;
(6) Merchandise covered by each account;
(7) Amount deposited on each account to the trust fund;
(8) Beginning and ending balance;
(9) Method of determination of wholesale cost;
(10) A current original manufacturer's price list from any and all cemetery merchandise suppliers used by the permit holder; and
(11) Name of the vault company with whom the permit holder deals.
365:25-23-9. Notice of sale The seller of a cemetery with a cemetery merchandise trust permit, shall make application forty-five (45) days prior to the transfer of ownership using a form approved by the Commissioner. A transfer may only be made to a permit holder in good standing with the Department. In addition to the notice, the seller shall also submit a copy of the proposed Seller's Agreement and a listing of all undelivered prepaid cemetery merchandise contracts. The listing shall provide the contract holder's name; the beneficiary's name or names, contract number, contract value, and the trust value at the time of notice. No transfer may be made without the Commissioner's prior written approval.
APPENDIX T. Insurance Company Training Program Affidavit [REVOKED] [OAR Docket #11-848; filed 6-3-11]
TITLE 377. Office of Juvenile Affairs CHAPTER 1. Function and Structure of the Office of Juvenile Affairs PERMANENT final adoption
Subchapter 1. Function and structure of the Office of Juvenile Affairs
377:1-1-2 [AMENDED]
377:1-1-3 [AMENDED]
377:1-1-5 [AMENDED]
377:1-1-7 [AMENDED]
377:1-1-11 [AMENDED]
Board of Juvenile Affairs, pursuant to 10A O.S., Section 2-7-101 (H) and (I).
Comment period:
December 1, 2010 through January 2, 2011
Public hearing:
January 5, 2011
Adoption:
January 21, 2011
Submitted to Governor:
January 26, 2011
Submitted to House:
January 26, 2011
Submitted to Senate:
January 26, 2011
Gubernatorial approval:
March 3, 2011
Legislative approval:
Failure of the Legislature to disapprove resulted in approval on April 5, 2011
Final adoption:
April 5, 2011
Effective:
July 15, 2011
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATIONS BY REFERENCE: N/A
Rule amendments are primarily due to non-substantive citation changes within the Oklahoma State Statutes, as per House Bills 2028 and 2029 (2009).
Jlynn Hartman, Director of Government Relations, OJA, 3812 N. Santa Fe Ave., Ste. 400, Oklahoma City, OK 73118, (405) 530-2866.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 15, 2011: SUBCHAPTER 1. Function and Structure of the Office of Juvenile Affairs The Office of Juvenile Affairs (OJA) operates under the statutory authority of "The Oklahoma Juvenile Code", Title 10A, O.S., §7301-1.1 2-1-101 et seq.
377:1-1-3. Description of the Office of Juvenile Affairs (OJA) (a) History. The Office of Juvenile Affairs (OJA) was created on July 1, 1995, as a result of legislation enacting the Oklahoma Juvenile Code.
(b) Organization. The Office of Juvenile Affairs consists of programs providing services to juveniles involved in the juvenile justice system and administrative components which provide administrative support.
(1) Office of the Executive Director.
(A) Within the Office of Juvenile Affairs, programs and divisions which report directly to the Executive Director include, but are not limited to, the:
(i) Office of Public Integrity;
(ii) Division of the Advocate Defender; and
(iii) Office of General Counsel Service;
(B) The Executive Director of OJA is designated by the Governor as the Interstate Compact Liaison.
(C) Additional responsibilities of the Executive Director are listed in OAC 377: 1-1-11.
(D) The Executive Director shall establish divisions within OJA in addition to those required by law and may employ staff as necessary to perform the duties of the Office of Juvenile Affairs as authorized by statute. Organizational charts are available upon request from the Office of the Executive Director.
(2) Division of Community-based Youth Services. The Division of Community-based Youth Services operates under the authority of 10A O.S., §§7302-3.3 2-7-202, 7302-2.22-7-303, 7302-3.52-7-305 and 7302-3.6.a2-7-306.
(3) Advocate Defender Division. The Advocate Defender Division is a Division of the OJA established by 10A O.S., §7302-3.2 2-7-302(A) and (B)(1-8). Compliance with Oklahoma statutes is obtained by assignment of the Advocate Defenders to the OJA institutions. The Division of Advocate Defender shall be separate and apart from the Office of General Counsel.
(4) Support Services Division. The Support Services Division shall provide centralized support function for the Office of Juvenile Affairs.
(5) Financial Services Division. The Financial Services Division shall provide the centralized accounting, procurement, reporting, and budgeting for OJA.
(6) Institutional Services Division. The Institutional Services Division shall be responsible for all secure institutional services.
(7) Juvenile Services Division. The Juvenile Services Division shall be responsible for intake, probation and parole services, supervision and placement of juveniles.
(8) Office of the Parole Board. The Office of the Parole Board shall have responsibilities as set forth in 377:5.
(c) Purpose/mission. The purpose of the Office of Juvenile Affairs as stated in Title 10A O.S., §7301-1.2 2-1-102, is to promote the public safety and reduce delinquency. To execute the purpose of the statutes, OJA has developed its mission to include:
(1) protection of the public from juvenile offenders;
(2) prevention of juvenile delinquency;
(3) implementation of programs ensuring accountability of juveniles for their behavior; and
(4) involvement of the community in creating and implementing solutions to juvenile delinquency and establishing individual accountability.
377:1-1-5. Board of Juvenile Affairs (a) Composition. Title 10A O.S., §7302-1.1 2-7-101, authorizes the Board of Juvenile Affairs (Board) as the governing body for the Office of Juvenile Affairs. The Board shall consist of seven (7) members appointed by the Governor with the advice and consent of the Senate in accordance with 10A O.S., §7302-1.1 2-7-101.
(b) Meetings. Regularly scheduled meetings of the Board shall be held at places, dates, and times fixed by the Board and after appropriate notice. Special meetings may be called by the Chair or by five (5) members of the Board by delivery of written notice to each member of the Board. Emergency meetings of the Board may be called as provided by Oklahoma statutes.
(1) Any member may waive notice of any meeting. The attendance of a member at a meeting shall constitute waiver of notice of such meeting except where the member attends for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened.
(2) All meetings, including executive sessions, shall be conducted in accordance with the provisions of the Open Meeting Act.
(c) Voting. A majority of members serving on the Board shall constitute a quorum.
(1) The acts of the majority of the members present at a meeting at which a quorum is present shall be the acts of the Board except that a vote of not less than four (4) members of the Board shall be required to amend these rules.
(2) A member may disqualify himself or herself from a vote at any time and without explanation. A member who disqualifies himself or herself from a vote shall be considered
to be not present for purposes of that vote.
(d) Election of officers. At the first meeting of each calendar year, the Board shall elect one of its members to serve as Chair and another of its members to serve as ViceChair. The Chair or ViceChair shall hold office until his or her successor has been duly elected or until his or her death, resignation, or removal.
(e) Vacancies. A vacancy in the elected position of Chair or ViceChair because of death, resignation, removal, disqualification, or otherwise, may be filled by the Board for the unexpired portion of the term of the position.
(f) Duties of the position of Chair and ViceChair. The Chair, or in his or her absence, the ViceChair, shall preside at all meetings of the Board, including executive sessions. The Chair, or ViceChair as the case may be, shall be the final authority on all procedural issues, and may, when appropriate, refer to and follow the recommendations of the legal counsel for the Office of Juvenile Affairs or "Robert's Rules of Order" to resolve a procedural issue.
(1) The Chair, within two weeks of a member's new appointment, shall:
(A) brief the member of the Board regarding the duties and responsibilities of the Board and its members;
(B) provide the new member a copy of the statutes pertinent to the Board and its duties;
(C) provide a copy of the monthly operating budgets of the Office of Juvenile Affairs for the preceding twelve months;
(D) provide a copy of the rules under which the Office of Juvenile Affairs functions and operates; and
(E) provide such other information as is necessary to assure that the new member is advised of his or her duties and responsibilities.
(2) The Chair may delegate the briefing described in paragraph (1) of this subsection in whole or in part to the Executive Director of the Office of Juvenile Affairs or a managing officer of that agency, but the responsibility for its accomplishment shall remain with the Chair.
(g) Responsibilities. The purpose of the Board of Juvenile Affairs is to act as the governing board for the Office of Juvenile Affairs and to implement and direct the mandates of the Oklahoma Legislature with respect to the custody, care, and supervision of juveniles adjudicated to be delinquent or in need of supervision or persons sentenced as youthful offenders. The Oklahoma Juvenile Code, Title 10A O.S., §7301 2-1-101 et seq., and other provisions of law related to children and youth gives the Board the responsibility for:
(1) promulgating rules for the Office of Juvenile Affairs and for its own governance;
(2) adopting an official seal for the Office of Juvenile Affairs;
(3) appointing and setting the salary of the Executive Director of the Office of Juvenile Affairs;
(4) reviewing and approving OJA's budget request to the Governor;
(5) assisting OJA in conducting regular reviews and planning activities related to the goals, objectives, priorities, and policies of the Office of Juvenile Affairs;
(6) providing a public forum for receiving comments and disseminating information to the public regarding the goals, objectives, priorities, and policies at least quarterly;
(7) adopting nonbinding resolutions requesting action by the Office of Juvenile Affairs in response to comments from the public or upon the Board's own initiative;
(8) establishing OJA contracting procedures and guidelines for rates of payment for services provided by contract; provided the Board may not increase payment rates during the time the Legislature is not in session;
(9) serving as the rulemaking body for the Office of Juvenile Affairs, including promulgating rules which implement the duties and responsibilities of the Office of Juvenile Affairs pursuant to the Oklahoma Juvenile Code;
(10) developing performance standards for programs implemented by the Office of Juvenile Affairs, either directly or by contract;
(11) appointing the Executive Director, or in the event of a vacancy, designating an interim or acting Executive Director, including the Chief of Staff of the Office of Juvenile Affairs, until a new and permanent Executive Director is appointed;
(12) establishing fee schedules;
(13) advising OJA with respect to real estate leases;
(14) approving criteria for designation of organizations as "Youth Services Agencies";
(15) establishing an administrative
hearing and appeal process for denials of "Youth Service Agency" designation;
(16) reviewing annually the OJA report (OJA Annual Report) which analyzes and evaluates the effectiveness of OJA programs and services;
(17) reviewing annually the OJA report (OJA Annual Report) which analyzes and evaluates the effectiveness of the Youthful Offender Act;
(18) promulgating rules for the Office of Juvenile Affairs to obtain national criminal history records searches in accordance with Section 404.1 of Title 10 for personnel working with or around juveniles in the Office of Juvenile Affairs' institutions and Office of Juvenile Affairs' operated facilities;
(19) promulgating rules, outlining policies and procedures governing the operation of facilities operated by or through contract with OJA;
(20) promulgating rules defining contraband for purposes of inspection;
(21) promulgating rules governing the use of mechanical restraints in institutions and other facilities operated by or through contract with the Office of Juvenile Affairs;
(22) receiving and reviewing institutional inspection reports of the State Fire Marshall and Commissioner of Public Health;
(23) establishing standards for regimented juvenile training programs;
(24) establishing the proposal submission and education procedures and criteria for the implementation of the Delinquency and Youth Gang Intervention and Deterrence Act;
(25) promulgating rules necessary for the implementation of the "Juvenile Offender Victim Restitution Work Program";
(26) adopting rules as required to implement the Serious and Habitual Juvenile Offender Program and Juvenile Justice Information System;
(27) establishing certification standards for municipal juvenile facilities for temporary detention;
(28) promulgating standards for certification of juvenile detention facilities;
(29) developing, adopting, and implementing the "State Plan for the Establishment of Juvenile Detention Services";
(30) establishing procedures for the letting of contracts or grants for juvenile detention services or facilities;
(31) approving a form for the statistical reporting of detention of persons under the age of 18;
(32) establishing standards for the certification of detention services;
(33) with the State Department of Health, establishing standards for certification of jails, adult lock-ups and adult detention facilities used to detain juveniles;
(34) establishing guidelines and procedures for Juvenile Bureaus to ensure uniformity in the performance of the Juvenile Bureau's statutory duties;
(35) promulgating rules and forms necessary for the implementation of the juvenile sex offender registry;
(36) promulgating rules for the expansion for criminal records searches or foster care eligibility assessments beyond the records searches conducted by the Oklahoma State Bureau of Investigation:
(37) Designating Youth Services Agencies; and
(38) Adopting the State Plan for Youth Services Agencies.
377:1-1-7. Legal Base for Rates and Standards Committee The legal base for establishing fixed and uniform rates is found at 74 O.S., § 85.7(A)(11)(d) and (e), (Oklahoma Central Purchasing Act), and 10A O.S., § 7302-1.12-7-101(H)(7).
377:1-1-11. Executive Director (a) The Executive Director of the Office of Juvenile Affairs shall be appointed by the Board of Juvenile Affairs and shall report directly to the Board. As the administrator of the Office of Juvenile Affairs, the Executive Director is responsible for supervising OJA activities and establishing internal policy and procedures for the administration of the Office of Juvenile Affairs.
(b) The Executive Director shall be responsible for selecting staff or contracting with personnel capable of carrying out OJA's mission, goals, and statutory requirements.
(c) The Executive Director shall have the authority to assume all duties and responsibilities of the Chief of Staff of OJA, as found in[Title 10A, O.S., § 7302-2.12-7-201 (C) (4)].
[OAR Docket #11-849; filed 6-3-11]
TITLE 377. Office of Juvenile Affairs CHAPTER 3. Administrative Services PERMANENT final adoption
Subchapter 1. Office of the Executive Director
Part 1. Legislative LiaisonDirector of Government Relations [AMENDED]
377:3-1-1 [AMENDED]
Part 3. Office of the Advocate General
377:3-1-20 [AMENDED]
377:3-1-26 [AMENDED]
377:3-1-34 [AMENDED]
Part 5. Media and Community Relations
377:3-1-46 [AMENDED]
377:3-1-47 [AMENDED]
Subchapter 3. Office of General Counsel Services
Part 1. General Provisions
377:3-3-2 [AMENDED]
Subchapter 5. Office of Human Resources Management
Part 1. Overview of the Office of Human Resources Management
377:3-5-1 [AMENDED]
Subchapter 7. Finance Department
377:3-7-1 [AMENDED]
Subchapter 9. Office of Policy
Part 7. Policy and Accreditation
377:3-9-40 [AMENDED]
Subchapter 13. Office of Public Integrity
Part 3. Requirements for Secure Juvenile Detention Centers
377:3-13-35 [AMENDED]
377:3-13-37 [AMENDED]
377:3-13-39 [AMENDED]
377:3-13-45 [AMENDED]
Part 5. Requirements for Municipal Juvenile Facilities
377:3-13-60 [AMENDED]
377:3-13-62 [AMENDED]
Part 7. Requirements for Community Intervention Centers (CIC)
377:3-13-80 [AMENDED]
377:3-13-81 [AMENDED]
377:3-13-82 [AMENDED]
377:3-13-88 [AMENDED]
377:3-13-90 [AMENDED]
Subchapter 15. Information Technology Department
Part 1. General Provisions [NEW]
377:3-15-2 [AMENDED]
377:3-15-3 [AMENDED]
Subchapter 17. Federal Funds Development Unit
Part 1. General Provisions
377:3-17-2 [AMENDED]
Subchapter
19. Contract, Procurement, and Support Services
377:3-19-1 [AMENDED]
377:3-19-3 [AMENDED]
Board of Juvenile Affairs, pursuant to 10A O.S., Section 2-7-101 (H) and (I).
Comment period:
December 1, 2010 through January 2, 2011
Public hearing:
January 5, 2011
Adoption:
January 21, 2011
Submitted to Governor:
January 26, 2011
Submitted to House:
January 26, 2011
Submitted to Senate:
January 26, 2011
Gubernatorial approval:
March 3, 2011
Legislative approval:
Failure of the Legislature to disapprove resulted in approval on April 5, 2011
Final adoption:
April 5, 2011
Effective:
July 15, 2011
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATIONS BY REFERENCE: N/A
Rule amendments are primarily due to non-substantive citation changes within the Oklahoma State Statutes, as per House Bills 2028 and 2029 (2009). Amendments in Subchapter 1, 377:3-1-1, are due to modifications to the Legislative Liaison title and responsibilities. Amendments in Subchapter 1, 377:3-1-46 and 377:3-1-47, are due to modifications to the Director of Media and Community Relations title and responsibilities.
Jlynn Hartman, Director of Government Relations, OJA, 3812 N. Santa Fe Ave., Ste. 400, Oklahoma City, OK 73118, (405) 530-2866.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 15, 2011: SUBCHAPTER 1. Office of the Executive Director PART 1. LEGISLATIVE LIAISONDIRECTOR OF GOVERNMENT RELATIONS 377:3-1-1. Legislative LiaisonDirector of Government Relations The legislation liaisonDirector of Government Relations shall develop and work to implement the Office of Juvenile Affairs' (OJA) state legislative agenda. The legislative liaisonDirector of Government Relations shall:
(1) screen requests from OJA units for statutory change, rule change and develop proposals for the changes;
(2) track legislation related to juvenile justice and communicate the status and impact of the proposed legislation to OJA administrators;
(3) generate responses to legislative requests for information;
(4) represent OJA before a legislative body with respect to OJA's viewpoint regarding proposed legislation; and
(5) work with legislators and legislative staff on behalf of OJA.
PART 3. OFFICE OF THE ADVOCATE GENERAL 377:3-1-20. Legal base and authority The State's legal basis and authority for the rules and procedure in this subchapter are found in 10A O.S., §§ 7302-3.2 1-2-101, 2-7-302, and 7302-6.32-7-603, and 7103.
377:3-1-26. Advocate General procedures during an abuse, neglect, or caretaker misconduct investigation for other than OJA secure institutions (a) Upon receiving a report from OCA concerning an investigation of abuse, neglect, or caretaker misconduct, the Advocate General shall send a copy of the report to the facility administrator and notify the Executive Director or appropriate Division Director. If a facility administrator is named as an accused caretaker in the allegation, the report shall be forwarded to the Chair of the Board of Directors of the facility or to the Director of the state agency operating the facility.
(b) If OCA confirms findings of abuse, neglect, or caretaker misconduct, the Advocate General shall request appropriate corrective action within 21 days of the Advocate General's receipt of OCA's report.
(c) Even if abuse, neglect, or caretaker misconduct is not confirmed by OCA, the Advocate General may recommend to the Executive Director appropriate measures to address systemic or individual concerns raised during the course of the OCA investigation.
(d) Upon receipt of OCA's report, the facility administrator, OJA administration, or Advocate General on behalf of a juvenile who is the subject of the report may request that the DHS Grievance Abuse Review Committee (GARC) review its findings and return a different result.
(e) OCA investigative reports, records, files, and audio tapes are considered confidential under Title 10A O.S., § 1-6-102.
377:3-1-34. Coordination with other monitoring entities The Advocate General shall coordinate with the Department of Human Services'sServices' Office of Client Advocacy, the Oklahoma Commission on Children and Youth's Office of Juvenile System Oversight, or such other government entities which possesses overlapping or concurrent jurisdiction of OJA juveniles or placements, in conducting the Advocate General's activities. The Advocate General shall perform the following functions with these entities:
(1) communicate and coordinate, whenever possible, the scheduling of on-site visits to programs and facilities to control disruptions of operations by monitoring entities;
(2) compare and consolidate program information and data needed to minimize duplicate requests;
(3) provide copies of Advocate General reports or grievances when requested;
(4) meet with staff to discuss issues that are of common concern to all offices; and
(5) receive reports from said agencies which raise issues of concern affecting OJA juveniles or policy.
PART 5. MEDIA AND COMMUNITY RELATIONS 377:3-1-46. General provisions It is the policy of OJA to encourage interaction with the public and the media. The Media and Community Relations (MCR)Communications Department, which reports to the Executive Director and Chief of Staff of OJA, coordinates public information activities. OJA staff shall coordinate all media relations, media contacts, news releases, news conferences and other media communications through the Media and Community RelationsCommunications Department.
377:3-1-47. Media access to OJA (a) The Director of Media and Community RelationsCommunications, or, if unavailable, the Executive Director, Chief of Staff, or designee shall grant the news media access to a juvenile under conditions which ensure:
(1) the preservation of the juvenile's right to privacy;
(2) the preservation of the juvenile's confidentiality; and
(3) the maintenance of order and security when the juvenile is in an out-of-home placement.
(b) The
Director of Media and Community RelationsCommunications shall consider the following factors when making a decision regarding media access:
(1) the nature of the inquiry;
(2) whether the best interests of the juvenile are met; and
(3) whether the best interests of the public are met.
(c) The Director of Media and Community RelationsCommunications shall decide whether to grant or deny media access within 48 hours of the request, excluding weekends and holidays.
(d) Whenever possible, parental permission shall be obtained prior to a juvenile's being interviewed. If parental permission cannot be obtained, the Executive Director or Chief of Staff may grant approval for the interview.
(e) When an interview with a juvenile is requested by the media, the Director of Media and Community RelationsCommunications, after consulting with the appropriate superintendent, group home supervisor, or district supervisor, shall approve or deny the media's request according to the provisions of rules contained in this Part.
(f) The guidelines for media activities with juveniles are as follows:
(1) all juveniles have the option to decline to be interviewed or filmed;
(2) no filming is to occur that could result in the juvenile's being identified through facial exposure unless written permission is obtained from the:
(A) juvenile;
(B) parent/guardian, or, if the parent is unavailable, the:
(i) Executive Director/Chief of Staff; or
(ii) judge from the court county of jurisdiction.
(C) Director of Media and Community RelationsCommunications or designee.
(3) a ranking staff person shall accompany film crews and intercede in any filming effort that could identify a juvenile, i.e., facial exposure;
(4) activities of media personnel while in an out-of-home placement must be conducted in a manner that is consistent with the maintenance of order and security;
(5) staff may agree to be interviewed and filmed (in private, if desired) by media personnel on authorized visits to the JSU office, group home, or institution; and
(6) at times of disorder within a residential facility, media access to the facility may be postponed if OJA or the facility believes that the media's presence would prolong or contribute to the disorder.
(g) The Executive Director or Chief of Staff may exempt the limitations in (e) of this Section if he or she considers it necessary, as long as statutory limitations are met.
SUBCHAPTER 3. Office of General Counsel Services PART 1. GENERAL PROVISIONS The statutory authorization for the Office of General Counsel Services is found in 10A O.S., § 7302-2.12-7-201(D).
SUBCHAPTER 5. Office of Human Resources Management PART 1. OVERVIEW OF THE OFFICE OF HUMAN RESOURCES MANAGEMENT (a) The purpose of this subchapter is to set forth the rules governing the operation of the Office of Human Resources Management. The rules in this Chapter are authorized by the authority of the Office of Juvenile Affairs as set forth in Title 10A O.S., § 7302-1.12-7-101 (I) (2), Oklahoma Personnel Act, in 74 O.S., §
840-1.1 et seq., and Oklahoma State Merit Rules.
(b) The purpose of the Office of Human Resources Management (OHRM) is to provide comprehensive human resource management and development programs which support the achievement of the agency's mission, values, and goals. The Office of Human Resources Management programs focus on recruiting, retaining, and developing qualified agency staff.
SUBCHAPTER 7. Finance Department (a) The Office of Juvenile Affairs (OJA) Finance Division is designated by OJA to conduct OJA's financial matters.
(b) Title 10A O.S., § 7302-3.42-7-304, authorizes the OJA to enter into financial agreements with governmental entities or private agencies for juvenile delinquency prevention and treatment programs.
SUBCHAPTER 9. Office of Policy PART 7. POLICY AND ACCREDITATION Title 10A, O.S., § 7302-1.12-7-101(I), requires that the Board of Juvenile Affairs shall be the rulemaking body for the Office of Juvenile Affairs (OJA). In developing rules, OJA is bound by the rulemaking requirements of the Administrative Procedures Act (APA), Title 75 O.S., § 250 et seq., as amended.
SUBCHAPTER 13. Office of Public Integrity PART 3. REQUIREMENTS FOR SECURE JUVENILE DETENTION CENTERS Statutory authorization for the Office of Juvenile Affairs to certify secure juvenile detention facilities is found in 10A O.S., § 7304-1.32-3-103(C). As provided in 10 O.S., §7302-6.8, allAll juvenile detention facilities, including those not incorporated in the State Plan as provided in 10A O.S., § 2-7-608(C), must be certified by the Office of Juvenile Affairs.
377:3-13-37. Organization, administration and finances (a) Organization. A statement of the purposes or function of the secure juvenile detention facility is clearly defined and filed with the Office of Juvenile Affairs. The statement includes the services available for the juveniles who are admitted. A secure detention facility may be operatedorganized in any manner provided in 10A O.S. Supp. 1999, § 7304-1.3 2-3-103(C)(3).
(b) Administration and responsibility of the governing body. The governing body of a secure juvenile detention facility shall:
(1) have responsibility for the program and services of the facility;
(2) review and approve all policies and policy changes;
(3) maintain a record of policy approvals in meeting minutes and in an organized form developed by the facility;
(4) obtain all required licenses for operation and continued compliance with Requirements for Secure Juvenile Detention Facilities;
(5) meet twice a year to assure proper operation of the facility;
(6) document meetings of the governing body and keep the documentation on file; and
(7) have responsibility for the physical facility and its use by the juveniles and staff.
(c) Finances. The agency shall maintain complete financial records of income and disbursements.
(1) All financial records pertaining to the agency are audited annually by a certified public accountant or public accountant who has a valid current permit to practice in the State of Oklahoma and who is not a staff member of the agency or in accordance with the governmental funding source.
(2) A copy of the auditor's statement substantiating the solvency of the agency and a statement concerning receipts and disbursements is submitted to the Office of Juvenile Affairs annually.
377:3-13-39. Admission procedure and criteria (a) Facility staff shall have an admission procedure in accordance with state statutesJuveniles shall be admitted to the secure detention facility only as provided by 10A O.S., § 7304-1.12-3-101 et. seq.
(b) The facility's written policy and procedure for admitting juveniles includes, but is not limited to, provisions which require the facility to:
(1) verify legal authority to detain;
(2) search the individual and the juvenile's possessions;
(3) inventory the juvenile's clothing and personal possessions;
(4) distribute personal hygiene items;
(5) make provisions for shower and hair care;
(6) issue clean, laundered clothing;
(7) ensure that the juvenile's family, custodian or guardian is notified;
(8) assist the juvenile in notifying his or her family, guardian, or custodian of the juvenile's admission;
(9) supervise the juvenile while the juvenile makes two admission phone calls, if desired;
(10) conduct an admission interview of the juvenile to answer questions and obtain information;
(11) complete a medical history questionnaire;
(12) provide an orientation which includes:
(A) juvenile rights;
(B) program description;
(C) program rules;
(D) grievance process; and
(E) discipline policy;
(13) record basic personal data;
(14) review procedures for mail and visiting; and
(15) assign the juvenile to a sleeping unit.
377:3-13-45. Program and services (a) Activities and services are available to juveniles outside their rooms at least 12 hours a day. The facility shall provide or make available the minimum services and programs given in (1)-(7) of this subsection to detained juveniles.
(1) Education. The facility shall provide educational opportunities in compliance with the local school district's rules and regulations and OJA contract requirements. Facilities shall provide or make provisions for an educational program, which includes space for education, necessary equipment and supplies, and supervision.
(2) Visitation. Written policy and procedure specify the number of visitors a juvenile may receive and the length of visitation.
(A) Visits may be limited only by the facility's schedule, space, and personnel constraints or where there are substantial reasons to justify such limitations.
(B) Juveniles have the right to refuse visitation.
(C) Legal counsel for a detained
juvenile may visit at any reasonable time a request is made.
(3) Social services. The facility's social services program shall make a range of resources available to meet the needs of juveniles.
(A) Juveniles shall be afforded access to emergency mental health counseling and crisis intervention services according to their needs.
(B) Counseling services include group or individual counseling and are provided at least weekly.
(4) Recreation. Written policy and procedure provide a recreation schedule that includes at least one hour per day of large muscle activity and one hour of structured recreational activities. A variety of recreational materials are made available to detained juveniles and kept in good condition at all times.
(5) Food service. Written policy and procedure provide that the dietary needs of juveniles are met.
(A) Special diets as prescribed by appropriate medical or dental personel or as required by religious preference are provided.
(B) Menus are planned at least one week in advance, posted and dated, and kept on file for one year.
(C) Menus are approved before use and reviewed annually by a licensed dietician, nutritionist, or physician to ensure compliance with nationally recommended food allowances. Facilities participating in the National School Lunch Program are not required to have their breakfast and lunch menus approved by a licensed dietician, nutritionist, or physician.
(6) Medical and health care. The facility shall have written policy and procedure for delivery of health care services. When health care services are provided by someone other than a physician, the final medical judgement rests with the designated physician.
(A) Written health care policy and procedure is approved by a designated physician.
(B) Medical, mental health, and dental care involving medical judgement are the sole province of the designated physician, mental health professional or dentist.
(C) Personnel who provide health care services to juveniles shall be governed by a written job description approved by the medical authority.
(i) Responsibilities and job duties are in keeping with the individual's professional discipline.
(ii) Verification of current credentials and job descriptions are on file in the facility.
(D) Security regulations applicable to facility personnel also apply to health personnel.
(E) The secure juvenile detention facility shall develop and maintain written policy and procedure which:
(i) requires medical screening upon arrival of any juveniles, including intra system transfers at the facility.
(ii) records all findings on a medical screening form approved by the physician;
(iii) accounts for receiving, storing, dispensing, administering and distributing all medications and first aid supplies;
(iv) prohibits the use of juveniles for medical, pharmaceutical or cosmetic experiments;
(v) assures that detention staff and other personnel are trained to respond to health related situations; and
(vi) establishes a training program that includes:
(I) recognition of signs and symptoms of illness or injury and knowledge of action required in potential emergency situations;
(II) administration of first aid and cardiopulmonary resuscitation (CPR);
(III) methods of obtaining assistance;
(IV) signs and symptoms of mental illness, retardation and drug and alcohol abuse; and
(V) procedures for transfer to appropriate medical facilities or health care providers.
(7) Medication. Medication is administered by persons properly trained in medical administration and under supervision of the physician and facility administrator.
(A) Prescription medication is only administered as directed by a physician.
(B) When any medication is administered, a precise record is kept of the juvenile's name, reason for dosage, route, date and time given, and signature of the person who administered it. Any adverse reaction to the medication is documented.
(C) When prescription medications are used, the juvenile, custodian, and all staff members shall be made aware of side effects of the medication.
(D) All medications, syringes, and needles are protected by maximum-security storage and are under the supervision of staff on duty.
PART 5. REQUIREMENTS FOR MUNICIPAL JUVENILE FACILITIES Statutory authorization for the Office of Juvenile Affairs to certify municipal juvenile facilities is found in 10A O.S., § 7303-1.22-2-102(EC).
(a) The facility shall be used for the detention of juveniles taken into custody for commission of an offense as authorized by law.
(b) If the facility is located in any jail, adult lockup, or adult detention facility, there must be total spatial separation between juvenile and adult areas.
(c) The facility shall be in compliance with all applicable health, fire and safety codes.
(d) The facility shall maintain written policy and procedure, which include, but are not limited to, the facilities' rules regarding:
(1) organization and administration;
(2) personnel consistent with OAC 377:3-13-43(a);
(3) confidentiality consistent with state law;
(4) compliance with child abuse or neglect reporting requirements [21 O.S., § 846]pursuant to 10A O.S., § 1-2-101 et seq.;
(5) security and control consistent with OAC 377:3-13-44(a)(3), (4), and (8) through (13);
(6) health screening, medical services, and first aid; and
(7) fire and disaster plans.
(e) All facility staff shall:
(1) meet the health requirements pre-scribed for staff in OAC 377:3-13-43(a)(5);
(2) meet the training requirements pre-scribed for staff in OAC 377:3-13-43(a)(8) through programs approved by the Office of Juvenile Affairs; and
(3) meet the requirements relating to criminal history investigations prescribed in OAC 377:3-13-43(a)(6).
(f) When a child is detained, the facility shall ensure that all reasonable steps are immediately taken to:
(1) locate the child's parent, legal guardian, or custodian or attorney;
(2) determine if the parent, legal guardian, or custodian or attorney is willing to appear at the municipal juvenile facility and assume personal custody of the juvenile upon the juvenile's release from the facility;
(3) release the juvenile to the personal custody of his or her parent, legal guardian, or custodian or attorney as soon as practicable and upon the written promise of the parent, legal guardian, or custodian or attorney to return the juvenile to municipal court to answer the municipal charges at the date and time set by the municipal court;
(4) ensure the juvenile is given adequate fresh drinking water;
(5) ensure the juvenile is given adequate food not less than three times in a 24-hour period; and
(6) ensure the juvenile is given any necessary medical care and treatment.
(g) A juvenile shall not be detained in a municipal juvenile detention facility for longer than 24 hours. If the parent, legal guardian, or custodian or attorney does not appear at the municipal juvenile facility with the 24-hour period to assume personal custody of the juvenile, then custody or release of the juvenile is determined by a law enforcement officer or, upon application by the district attorney's office, by the district court as provided in 10A O.S., § 7003-2.11-4-201.
(h) The facility shall maintain records, which are sufficient to demonstrate compliance with these standards.
PART 7. REQUIREMENTS FOR COMMUNITY INTERVENTION CENTERS (CIC) Statutory authorization for the Office of Juvenile Affairs to enter into agreementscontracts for the establishment and maintenance of a CIC is found in 10A O.S., §7302-3.3 2-7-305(A). Functions of the CICs are found in 10A O.S., §7302-3.5 2-7-305(D).
(a) To establish a CIC, an interlocal agreement must be entered into between:
(1) one or more municipalities; and
(2) the Office of Juvenile Affairs.
(b) The CIC must meet the conditions, requirements, and rules promulgated by the Office of Juvenile Affairs as provided in 10A O.S., §7302-3.5 2-7-305(B)(2) and 10 O.S., §7302-3.5 (D).
(c) Each CIC provider shall have a local juvenile justice advisory board comprised of representatives from local law enforcement, the judiciary, social service agencies, education, local businesses and local government.
377:3-13-82. General provisions (a) Required functions of a CIC. A CIC shall:
(1) receive and hold juveniles taken into custody by law enforcement for an alleged violation of a municipal ordinance or state law and for whom detention is unavailable or inappropriate;
(2) be in compliance with all applicable federal, state, and local health, fire, and safety codes;
(3) enter demographic information into the management information system provided for in 10A O.S., § 7302-3.82-7-308;
(4) hold a juvenile for no longer than 24 hours;
(5) shall maintain records that are sufficient to demonstrate compliance with the Office of Juvenile Affairs requirements for CICs; and
(6) ensure that when a juvenile is held, all reasonable steps are immediately taken to:
(A) immediately notify the juvenile's parent, legal guardian, custodian, attorney, or other adult legally responsible for the juvenile's care;
(B) release the juvenile to a parent, guardian, or other responsible adult or hold until a temporary placement can be secured, but in no event for longer than twenty-four hours;
(C) release the juvenile to the parent, guardian, custodian, attorney, or responsible adult as soon as practical upon his or her signing a release or written promise to return the juvenile to the court of jurisdiction to answer the charges at a date and time set by the court;
(D) ensure that temporary placement is secured if the parent, guardian, legal custodian, attorney or other responsible adult is unable to assume custody of the juvenile;
(E) ensure that adequate fresh drinking water is made available to the juvenile;
(F) ensure that adequate food is provided to the juvenile not less than three times in a 24-hour period;
(G) gather information to determine if the juvenile is in need of immediate medical attention; and
(H) ensure the juvenile is provided with any necessary medical care and treatment as provided 10A O. S., §7303-1.1 2-2-101(E).
(b) Optional functions. In addition to the required functions a CIC may:
(1) conduct an initial screening assessment, pursuant to OJA Rule OAC 377:3-13-84;
(2) conduct an assessment, pursuant to OJA Rule OAC 377:3-13-85; and
(3) fingerprint a juvenile who has allegedly committed an offense which would be a felony if committed by an adult.
(a) CIC program director.
(1) Qualifications. The qualifications (including education and experience), authority, and responsibilities of the program director shall be specified in writing by the CIC's governing body, and include:
(A) a bachelor's degree; and
(B) one year of experience working with juveniles or working in the juvenile justice system.
(b) Direct-care staff qualifications. All direct care staff shall be at least 21 years of age and possess a high school diploma or its equivalent.
(c) Criminal history investigation. The CIC shall comply with statutory requirements mandating a criminal history investigation for each applicant for employment [10 O.S., § 404.1, and 10A O.S., § 7003-8.11-4-705]. An employee's criminal history investigation record must be kept in a secure location, separate from his or her personnel file.
(1) A facility shall not employ or retain an individual who has been convicted of or entered a plea of guilty or nolo contendere to any felony involving:
(A) violence against a person;
(B) child abuse or neglect;
(C) possession, trafficking, manufacturing, sale or distribution of illegal drugs, or conspiracy to traffic, manufacture, sale, or distribute illegal drugs;
(D) sexual misconduct; or
(E) gross irresponsibility or disregard for the safety of others;
(F) any crime against a child; or
(G) in the case of child abuse and neglect, identified as a perpetrator in a juvenile court proceeding and/or has made an admission of guilt to a person authorized by state or federal laws or regulations to investigate child abuse and neglect.
(2) No employee of the CIC shall use or be under the influence of alcohol or illegal drugs during the hours of work nor shall any employee use or possess illegal drugs at any time.
(3) As to a simple drug possession offender, the facility may, at its own discretion, make exceptions to the prohibition of employment if five years have passed from completion of the applicant's criminal sentence and the facility can document that the health, safety, and well-being of juveniles would not be endangered.
(A) The facility shall consider, document, and submit to the Office of Public Integrity within 10 days of the employees first day of work the;
(i) type of crime or offense for which the individual was convicted or a finding was made; and
(ii) reference letters concerning the individual in question.
(B) The Office of Public Integrity shall make a recommendation to the Executive Director as to whether the applicant shall be approved or disapproved.
(4) If any person is formally charged with any of the offenses described in OAC 377:3-13-88(c)(1), he or she must be removed from contact with juveniles until the charges are resolved.
(d) Health requirements. An employee's health record must be kept in a secure location, separate from his or her personnel file.
(1) Each employee must have a pre-employment physical conducted by a licensed physician.
(2) Upon employment, each employee who has not had a documented skin test within the past 12 months shall have a Mantoux tuberculin skin test unless he or she had a previous positive skin test.
(3) An employee with a positive skin test reaction must have or provide documentation of a chest x-ray.
(A) Additional tests or x-rays are not required unless symptoms develop that are suggestive of tuberculosis.
(B) Employees with a positive skin test reaction must submit annual documentation by medical personnel that signs or symptoms of tuberculosis are not present.
(e) Personnel records. Every staff person employed by the CIC shall have a written personnel record, which complies with personnel policies of the municipality or service provider. The CIC shall have written personnel policies. The program director shall make personnel policies, which include written job descriptions, available to all employees. Either the policy or job description specifies the person to whom the employee is responsible and the duties the employee is expected to perform.
(1) Each personnel record must include:
(A) an application, resume, or staff information sheet that documents qualifications for the position;
(B) three reference letters, or if the reference was interviewed by phone, documentation of telephone interview must contain the:
(i) content of the interview;
(ii) date and time of the interview; and
(iii) name of employee conducting the telephone inter-view;
(C) documentation that the staff member was provided a copy of personnel policies, including his or her job description.
(D) written disciplinary action forms and job performance evaluations;
(E) dates of employment; and
(F) date and reason for employment separation or termination.
(2) Personnel records shall be maintained for at least three (3) years following an employee's separation.
(3) All employee records shall be confidential subject to existing federal and state statutes.
(4) All employees shall have access to their personnel files for reviewing purposes upon request to the program director and according to agency policy.
(f) Staff orientation.
(1) Each direct-care staff shall be provided orientation before being allowed to work independently In addition to a review of the certification standards and on-the-job training with an experienced staff member, the orientation must include a review of the CIC's:
(A) policies and procedures;
(B) philosophy and goals;
(C) organization;
(D) behavior management/crisis intervention training; and
(E) job expectations for the individual employee.
(2) Within 90 days of employment, each direct-care staff shall successfully complete first aid training. The training must be conducted by a certified instructor from the American Red Cross or its equivalent. The employee must be recertified in first aid every three years. First aid training may be counted as training hours. At least one staff person trained and certified in first aid shall be present in the CIC at all times.
(3) Within 90 days of employment, each direct-care staff shall be certified in cardiopulmonary resuscitation (CPR). The employee shall be recertified annually. CPR certification and recertification may be counted as training hours. At least one staff person trained and certified in CPR shall be present at all times.
(4) Within six (6) months of employment, each direct-care staff shall complete a certified class on behavior management; e.g., MAB, MANDT, CLEET, etc.
(5) The CIC must maintain written documentation of each area in which the employee received orientation.
(g) Staff training.
(1) All direct-care staff and program a administrators shall obtain at least 24 clock hours of training per employment year. Hours are prorated for staff who have not been employed for a full year or are part-time employees.
(2) Professional conferences, workshops, seminars, formal education classes, or in-service training are considered training.
(3) Documentation of the employee's training shall be maintained in the employee's file.
377:3-13-90. Security and control (a) Rules of conduct. The rules of conduct shall either be given to each juvenile or posted in a conspicuous and accessible area.
(1) Staff members shall explain the rules of conduct to each juvenile admitted to the facility.
(2) When a literacy or language problem prevents a juvenile from reading the rules, a staff member or translator shall assist the juvenile in reading the rules of conduct.
(b) Searches. Each CIC has the option of conducting searches. Searches and property recovery are conducted to preserve the security and safety of the CIC. If the CIC conducts searches, the CIC must develop policies and procedures, which include the guidelines listed in (1) through (3) of this section.
(1) Juveniles and visitors shall be notified that they are subject to search.
(2) Searches shall be conducted by a person of the same sex as the juvenile or visitor.
(3) No strip searches or body cavity searches shall be conducted at a CIC.
(c) Staff ratio.
(1) When juveniles are present, there shall be a minimum of two staff on duty. When more than 12 juveniles are present, a ratio of 1:6 direct-care staff to juveniles shall be maintained.
(2) The CIC shall ensure that when a female is placed in the CIC, a female staff member is present and when a male is placed, a male staff member is present.
(3) Juveniles in the CIC shall be monitored at all times.
(d) Behavior management.
(1) Physical intervention.
(A) Each CIC shall have policies and procedures outlining the use of physical intervention. Written policy and procedure shall limit the use of physical intervention to:
(i) self protection;
(ii) separate juveniles from fighting;
(iii) restrain juveniles in danger of inflicting harm to themselves or others; and
(iv) restrain juveniles who have escaped or who are in the process of escaping;
(B) The least amount of physical intervention necessary to control a situation is used.
(C) Physical intervention shall not be used as punishment or retaliation.
(D) A written report is prepared following all uses of physical intervention and submitted to the program director.
(2) Use of mechanical restraints. CIC employees shall not use mechanical restraints.
(3) Chemical agents. CIC employees shall not use chemical agents, including pepper spray.
(4) Weapons. CIC employees shall not use weapons.
(e) Room confinement. Room confinement means locking a juvenile in a designated room for a short-term period of time in order to remove the juvenile from the population. Room confinement is used with juveniles who are combative or self-destructive [10A O.S., Section 7302-3.52-7-305(D)(2)] and who require being separated from other juveniles for:
(1) self protection;
(2) separating juveniles from fighting;
(3) restraining juveniles in danger of inflicting harm to themselves or others; or
(4) restraining juveniles who have escaped or who are in the process of escaping;
(f) Procedure for room confinement. When room confinement is used, the procedures set forth in (1) - (5) of this paragraph shall be followed.
(1) Prior to room confinement, staff shall explain the reasons for confinement to the juvenile and shall give the juvenile an opportunity to explain his or her behavior.
(2) Any juvenile shall be visibly observed by a staff member every 15 minutes. Staff shall document each observation.
(3) Juveniles placed in room confinement shall be afforded living conditions and essential services approximating those available to the general juvenile population. Exceptions shall be authorized based upon clear and substantial justification.
(4) The juvenile shall be released when staff determines that he or she can safely be returned to the general population or waiting area.
(5) A written record is maintained on any juvenile placed in room restriction or confinement. The written record includes:
(A) a log stating who authorized the action;
(B) names of persons observing the juvenile;
(C) exceptions to provision of essential services provided to other juveniles placed in the CIC;
(D) observations of the juvenile's physical situation;
(E) times of observation;
(F) the person authorizing release; an
(G) the time of release.
(g) Escape. The CIC shall develop written policy and procedure for juveniles who escape from the facility. The policy shall include a procedure for notification of law enforcement agencies.
SUBCHAPTER 15. Information Technology Department PART 1. GENERAL PROVISIONS The management information systems isare authorized by 10A O.S., Supp. 1995 §§ 7302-3.82-7-308 and § 7302-9.62-7-905.
377:3-15-3. JOLTS requirements (a) Pursuant to 10A O.S., §§ 7302-3.82-7-308 and § 7302-9.62-7-905, the OJA management information system:
(1) is based on integration, utilization, or modification of existing systems within the Department;
(2) ensures the privacy, security, and limited access to the information contained within JOLTS;
(3) includes specific case information, including outcomes, and monitors the status of juveniles receiving services from OJA;
(4) provides management reports and information relating to OJA programs, as well as total information required for planning, monitoring, and evaluation of programs; and
(5) ensures that reports are immediately generated by staff requesting the report.
(b) The Information Technology Department shall integrate the JOLTS system with DHS as provided by law.
(c) The management information systems is available to persons authorized to obtain OJA's confidential reports and records as per Article VII of the Oklahoma Juvenile Code, the Serious and Habitual Offender ActJuvenile Offender Tracking Program, and OJA rules.
SUBCHAPTER 17. Federal Funds Development Unit PART 1. GENERAL PROVISIONS The authority for the functions of the Federal Funds Development Unit to carry out its activities is found in 10A O.S., § 7302-3.42-7-304.
SUBCHAPTER 19. Contract, Procurement, and Support Services 377:3-19-1. Purpose and legal base The purpose of this subchapter is to describe rules pertaining to contract, procurement, and support services. The authority for the Office of Contract, Procurement, and Support Services to carry out its duties is found in 10A O.S., §7302-1.1 2-7-101(H)(7).
(a) In accordance with the Central Purchasing Act, 74 O.S., as amended, OJA shall develop internal procurement procedures, including procedures to ensure that sole source contracts comply with all relevant state and federal laws and the OJA Board will be notified of any approved contracts at the next Board meeting.
(b) In accordance with 10A O.S., §7302-1.1 2-7-101(H)(7), OJA shall develop internal contracting procedures.
(c) The Executive Director shall establish final signature authority for all OJA acquisition forms and will notify the OJA Board when changes are made to the signature authority.
[OAR Docket #11-850; filed 6-3-11]
TITLE 377. Office of Juvenile Affairs CHAPTER 5. Office of the Parole BoardRelease from Institutional Placement PERMANENT final adoption
Subchapter 1. General Provisions
377:5-1-1 [AMENDED]
377:5-1-3 [AMENDED]
377:5-1-4 [NEW]
Subchapter 3. Pre-release Planning
377:5-3-1 through 377:5-3-4 [AMENDED]
377:5-3-6 [NEW]
Subchapter 5. Hearings
377:5-5-3 [AMENDED]
377:5-5-4 [AMENDED]
Board of Juvenile Affairs, pursuant to 10A O.S., Section 2-7-101 (H) and (I).
Comment period:
December 1, 2010 through January 2, 2011
Public hearing:
January 5, 2011
Adoption:
January 21, 2011
Submitted to Governor:
January 26, 2011
Submitted to House:
January 26, 2011
Submitted to Senate:
January 26, 2011
Gubernatorial approval:
March 3, 2011
Legislative approval:
Failure of the Legislature to disapprove resulted in approval on April 5, 2011
Final adoption:
April 5, 2011
Effective:
July 15, 2011
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATIONS BY REFERENCE: N/A
Rule amendments are primarily due to non-substantive citation changes within the Oklahoma State Statutes, as per House Bills 2028 and 2029 (2009). Rule revisions in Chapter 5, heading and Subchapters 1, 3 and 5, have additional and/or new language pertaining to step-down or reentry programs.
Jlynn Hartman, Director of Government Relations, OJA, 3812 N. Santa Fe Ave., Ste. 400, Oklahoma City, OK 73118, (405) 530-2866.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 15, 2011: SUBCHAPTER 1. General Provisions The purpose of this subchapter is to provide rules for administrative parole hearings, administrative parole, step-down or reentry programs, and to establish due process for parole revocation and Administrative Transfer Hearings for juveniles.
Granting parole, revoking parole, providing for a step-down or reentry program, and administratively transferring juveniles from a community placement (nonsecure) to an institution (secure) are administrative functions authorized by Title 10A of the Oklahoma .Statutes., §§ 7302-3.12-7-301(B)(2), 7302-6.12-7-601(A)(3), 7302-6.12-7-601(B), 7306-2.10 and 7306-2.112-5-212. The Parole Board is an Office within the Office of Juvenile Affairs (OJA) and is composed of persons designated by the Chief of Staff. The Chief of Staff or Parole Board shall assign staff to conduct hearings.
The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Step-down or reentry program" A step-down or reentry program means the release of a juvenile from institutional placement to a group home, transitional living program, independent living program, or other community-based facility or program, which focuses on reintegration of the juvenile into the community.
SUBCHAPTER 3. Pre-Release Planning 377:5-3-1. Pre-release planning Title 10A O.S., SectionSections 7302-6.12-7-601(A)(3) and 7306-2.112-5-212, give OJA authority to place a juvenile or youthful offender on parole whenever OJA determines that such release shall not be detrimental to society and that the juvenile or youthful offender is ready to be returned to the community or has reasonably completed a plan of rehabilitation. The Office of Juvenile Affairs may, pursuant to the same provisions of law, release a juvenile or youthful offender from an institution for placement in a group home, transitional living program, independent living program or other community-based step-down or reentry program.
377:5-3-2. Scheduling of the tentative targeted
review date (a) Institutional Treatment Plan. Within 30 days of institutional admission, an Institutional Treatment Plan shall be prepared and signed by the Institutional Supervisor, Youth and Juvenile Justice Specialist (JJS) Worker.
(b) Scheduling. Within 45 days of institutional admission a targeted review date shall be set for the juvenile. A meeting shall be held with the juvenile for the purpose of scheduling the targeted review date. At the meeting the criteria for release shall be explained to the juvenile.
(c) Persons Present. The juvenile, the Advocate Defender, and the Institutional JJS shall be present at the meeting.
(d) Guidelines for targeted review date. The targeted review date is determined by the juvenile's delinquent classification and date of placement in the institution. The dates are given in (1) - (2) of this paragraph:
(1) Class I's, Class II's, and Class III's - twelve months
(2) Class IV's- nine months
(e) Accelerated targeted review date. During the course of the juvenile's stay at the institution, the juvenile's institutional worker and/or local JSU worker can recommend the juvenile's targeted review date be rescheduled to an earlier date than the date previously scheduled.
(f) Criteria for release. Release from an institution is not guaranteed by the fact that a targeted review date has been scheduled. The juvenile must comply with the clearly established treatment goals of the individual treatment plan. Release on parole will be subject to terms and conditions established by OJA, whenever OJA determines that such release will not be detrimental to society and that the juvenile is ready to be returned to the community. Release to a step-down or reentry program shall be in accordance with continuing treatment objectives.
(a) Parole. The granting of parole is an administrative function, which is authorized by 10A O.S., §§ 7302-6.12-7-601(A)(3)-(4) and 7306-2.112-5-212. This function is carried out through a parole hearing or through an administrative parole.
(b) The Parole Board process. When a juvenile placed in an institution has made sufficient progress towards meeting the goals of his/her treatment plan and, where applicable, has successfully completed the passes as prescribed by the Office of Juvenile Affairs (OJA), the institution and JSU worker shall submit a parole recommendation to the Parole Board for release consideration.
(c) Administrative parole. An administrative parole is the method by which parole may be granted without a parole hearing.
(1) The Executive Director of OJA or his/her designee may grant an administrative parole for a juvenile exiting a program with a projected length of stay.
(2) When JSU and institutional staff recommend that the juvenile should be paroled, the Parole Board may accept the recommendation and grant an administrative parole.
377:5-3-4. TargetedReview of the targeted review date (a) General Provisions. The purpose of the review is to assess the juvenile's progress toward the successful completion of his or her individual treatment plan. The review shall provide the juvenile with the opportunity to verbally express any treatment concerns that he or she might have.
(b) Persons Present. The juvenile, the Advocate Defender, the JJS, and the JSU worker shall participate in the review.
(c) Notice. The juvenile shall receive notice of the review at least 48 hours in advance.
(d) Recommendations.
(1) At the conclusion of the review, the institutional staff and JSU worker may recommend to the Parole Board that the juvenile be paroled. If parole is recommended, the recommendation shall be submitted to the Parole Board for release consideration. If the Parole Board rejects the recommendation, the matter shall be scheduled for a parole hearing in accordance with 377:5-5-2 (a).
(2) The institutional staff and/or the JSU worker may or may not recommend parole. If
parole is not recommended by either or both, the matter shall be scheduled for a parole hearing in accordance with 377:5-5-2 (b).
(3) The juvenile shall be advised of the recommendation and the reasons for the recommendation at the conclusion of the review.
(e) Waiver. A juvenile may waive his/her Parole Hearing. The Advocate Defender and JJS shall be present and sign the waiver. The waiver shall be sent to the Parole Board and copies placed in the juvenile's file.
(f) Step-down or reentry program. A juvenile may be recommended for placement in a step-down or reentry program when the juvenile has reached the appropriate phase level and has otherwise sufficiently achieved treatment plan objectives. If the release to such program has not occurred prior to the targeted review date or is not recommended at the conclusion of the targeted review, the matter shall be scheduled for a parole hearing in accordance with 377:5-5-2(b), unless waived by the juvenile pursuant to paragraph (e) of this rule.
377:5-3-6. Rules of Supervised Community Placement for step-down or reentry Juveniles placed in step-down or reentry programs shall execute Rules of Supervised Community Placement which shall conform to the requirements of Rules 377:25-7-27 and 377:25-7-28.
377:5-5-3. Parole revocation hearing (a) Parole violations. When alleged violations of parole occur, the JSU worker and supervisor shall consider specific factors when deciding whether to request a revocation of a juvenile's parole. Factors include the:
(1) seriousness of the juvenile's offense;
(2) overall adjustment of the juvenile; and
(3) demonstrated lack of amenability to treatment.
(b) Pre-revocation conference. The first step toward revocation is the pre-revocation conference. The District Supervisor or designee shall meet with the juvenile, the parent, guardian, legal custodian, placement provider (if applicable), and the JSU worker to:
(1) advise the juvenile and the parent(s), guardian(s) or legal custodian(s) of their constitutional and legal rights as documented;
(2) discussed the alleged parole violations;
(3) document the violations on the Application to Revoke Parole forms; and
(4) distribute copies to the juvenile, the parent(s), guardian(s), legal custodian(s) or placement provider.
(c) Result of pre-revocation hearing. The juvenile may choose to have a hearing before a Hearing Officer or waive the hearing by signing a Waiver of Parole Revocation form.
(d) Revocation hearing. If the decision is to have a hearing, the JSU worker shall file the Application to Revoke Parole with the Parole Administrator and request that the hearing date be scheduled. The hearing shall be held in the county where the alleged violation occurred [10A O.S., §7302-6.1 2-7-601(B)2].
(e) Due process. Parole revocation hearings are held in accordance with 10A O.S., §7302-6.1 2-7-601(B), and OJA rules set forth in this section.
(f) Waiver of a revocation hearing. The juvenile may waive a revocation hearing anytime prior to the presentation of evidence by completing and presenting a waiver to the Hearing Officer or other representative of OJA.
(g) Conducting Interstate Compact Revocation. For juveniles on parole placed in the State of Oklahoma through the Interstate Compact on Juveniles (ICJ), a Hearing Officer shall perform a fact-finding hearing and determine if the juvenile has violated the terms of his/her parole conditions while residing in the State of Oklahoma.
(h) General provisions.
(1) The
Parole Administrator shall designate a Hearing Officer to preside over the parole revocation hearing.
(2) As provided in 10A O.S., §7302-6.1 2-7-601(B)(3), if legal counsel for the juvenile has not otherwise been obtained, the JSU worker shall file an application for an Order Appointing Counsel with the District Court wherein the alleged violations occurred.
(3) Upon the JSU worker's filing an application, the Hearing Officer shall schedule a revocation hearing within a reasonable period of time.
(4) Notice of the hearing, including the date, time, and place of the hearing, and a copy of the Application to Revoke Parole shall be mailed by the Hearing Officer to the juvenile, the parent, guardian or legal custodian, the judge in the county wherein the alleged violations occurred, and the juvenile's legal counsel, if one has been retained or appointed.
(5) Hearings shall be conducted in accordance with 377:5-5-5.
377:5-5-4. Administrative Transfer Hearing (community) (a) An Administrative Transfer Hearing is an administrative process by which the Parole Board may terminate the Supervised Community Placement (SCP) status of a juvenile. The juvenile may be placed in an institutional setting. The Parole Board shall base a decision to revoke SCP on the seriousness of the offense and the overall adjustment of the juvenile.
(b) General provisions. (Pre-administrative Conference)
(1) Supervised Community Placement. When alleged SCP violations occur, the JSU worker and supervisor shall consider specific factors when deciding whether to request an Administrative Transfer Hearing. Factors include the:
(A) seriousness of the juvenile's offense;
(B) overall adjustment of the juvenile; and
(C) demonstrated lack of amenability to treatment.
(2) Pre-Administrative Transfer Hearing conference. The first step toward a transfer hearing is the pre-administrative transfer hearing conference. The District Supervisor or designee shall meet with the juvenile, the parent, guardian, legal custodian, placement provider (if applicable), and the JSU worker to:
(A) advise the juvenile and the parent, guardian or legal custodian of their constitutional and legal rights as documented;
(B) discuss the alleged violations of the SCP rules;
(C) document the alleged SCP violations on the Application for Administrative Transfer; and
(D) distribute copies to the juvenile, the parent, guardian, legal custodian and/or placement provider.
(c) Result of Pre-Administrative Transfer Hearing Conference. The juvenile may choose to have a hearing before a Hearing Officer or waive the hearing by signing a Waiver of Administrative Transfer Hearing.
(d) Administrative Transfer Hearing. If the decision is to have a hearing, the JSU worker shall file the application for Administrative Transfer Hearing with the Parole Administrator and request that a hearing date be scheduled. The hearing shall be held in the county where the alleged violation occurred [10A O.S., §7302-6.1 2-7-601(B)2].
(e) Due process. Administrative Transfer hearings are held in accordance with 10A O.S., §7302-6.1 2-7-601(B), and OJA rules set forth in this section.
(f) Waiver of an Administrative Transfer Hearing. The juvenile may waive an Administrative Transfer hearing anytime prior to the presentation of evidence by completing and presenting a waiver to the Hearing Officer or other representative of OJA.
(g) Conduct of the hearing.
(1) After receiving an application for an administrative transfer hearing, the Parole Administrator shall designate a Hearing Officer to preside over an administrative transfer hearing.
(2) As provided in 10A O.S., §7302-6.1 2-7-601(B)(3), if legal counsel for the juvenile has not otherwise been obtained, the JSU worker shall file an application for an
Order Appointing Counsel with the District Court wherein the alleged violations occurred.
(3) Upon the JSU worker's filing an application, the Hearing Officer shall schedule an Administrative Transfer Hearing within a reasonable period of time.
(4) Notice of the hearing, including the date, time, and place of the hearing, and a copy of the Application for Administrative Transfer Hearing shall be mailed to the juvenile, the parent, guardian or legal custodian, the judge in the county wherein the alleged violations occurred, and the juvenile's legal counsel, if one has been retained or appointed.
(5) The hearing shall be conducted in accordance with 377:5-5-5.
[OAR Docket #11-851; filed 6-3-11]
TITLE 377. Office of Juvenile Affairs CHAPTER 10. Office of Juvenile Affairs PERMANENT final adoption
Subchapter 1. General Provisions
377:10-1-3 [AMENDED]
377:10-1-4 [AMENDED]
377:10-1-4.1 [NEW]
377:10-1-4.2 [NEW]
377:10-1-7 through 377:10-1-11 [AMENDED]
Subchapter 3. Placement
377:10-3-1 through 377:10-3-3 [AMENDED]
Subchapter 7. Contract Programs and Services
Part 1. General Provisions and Foster Care
377:10-7-1 [AMENDED]
377:10-7-3 [AMENDED]
377:10-7-4 [AMENDED]
377:10-7-5 [AMENDED]
377:10-7-7 [AMENDED]
Part 5. Detention
377:10-7-30 [AMENDED]
Part 7. Independent and Transitional Living
377:10-7-40 through 377:10-7-42 [AMENDED]
Part 9. Contracted Services
377:10-7-50 [AMENDED]
Subchapter 11. Child in Need of Mental Health Treatment
377:10-11-1 [AMENDED]
Subchapter 13. Regimented Juvenile Training Program Standards
Part 1. General Provisions
377:10-13-1 [AMENDED]
Part 17. Security and Control
377:10-13-89 [AMENDED]
377:10-13-90 [AMENDED]
Board of Juvenile Affairs, pursuant to 10A O.S., Section 2-7-101 (H) and (I).
Comment period:
December 1, 2010 through January 2, 2011
Public hearing:
January 5, 2011
Adoption:
January 21, 2011
Submitted to Governor:
January 26, 2011
Submitted
to House:
January 26, 2011
Submitted to Senate:
January 26, 2011
Gubernatorial approval:
March 3, 2011
Legislative approval:
Failure of the Legislature to disapprove resulted in approval on April 5, 2011
Final adoption:
April 5, 2011
Effective:
July 15, 2011
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATIONS BY REFERENCE: N/A
Rule amendments are primarily due to non-substantive citation changes within the Oklahoma State Statutes, as per House Bills 2028 and 2029 (2009). Rule revisions in Chapter 10, Subchapter 7, 377:10-7-3, 377:10-7-4, 377:10-7-5 and 377:10-7-7, are due to modifications to foster care as per House Bill 2028 (2009). Rule revisions in Chapter 10, Subchapter 7, 377:10-7-20 are due to modifications.
Jlynn Hartman, Director of Government Relations, OJA, 3812 N. Santa Fe Ave., Ste. 400, Oklahoma City, OK 73118, (405) 530-2866.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 15, 2011: SUBCHAPTER 1. General Provisions (a) When it becomes necessary to discipline a juvenile, staff shall do so by utilizing sanctions that are appropriate to the severity of the infraction. Appropriate methods of discipline include withdrawal of privileges or placement in a more restrictive environment.
(b) Destruction of state property. Juveniles found guilty through the disciplinary process of destroying state, staff, or other resident property will be assessed the value of the property as determined by the disciplinary hearing officer. Juveniles shall pay for the property from any appropriate funds.
(bc) OJA staff and contractors may use physical force or mechanical restraints only under the circumstances described in OAC 377:10-1-4, 10-1-4.1, and 10-1-4.2.
(1) Appropriate types of discipline protect the resident from harming self and others.
(2) Staff and contractors shall use a course of behavioral management approved by the Executive Director or the Chief of Staff of the Office of Juvenile Affairs in dealing with juveniles. Other appropriate methods of control include withdrawal of privileges, placement in a more restrictive environment, or placement in the crisis management center, when necessary.
(d) OJA staff and contractors shall adhere to OJA rules regarding discipline of juveniles. Prohibited disciplinary actions include, but are not limited to:
(1) corporal punishments of any kind;
(2) threats;
(3) derogatory remarks or other verbal abuse directed toward the juvenile or the juvenile's family;
(4) deprivation of meals;
(5) deprivation of visits with the natural or adoptive parents without prior consultation with OJA staff;
(6) use of profanity by OJA or contract staff;
(7) hog-tying;
(8) use of psychotropic drugs for punishment, control, or program management; and
(9) use of chemical agents, including, but not limited to:
(A) teargas;
(B) mace;
(C) pepper gas; or
(D) other devices which use chemicals to control juveniles.
377:10-1-4. Use of physical force and/or mechanical restraints (a) Use of physical force. Title 10A O.S., § 7302-6.42-7-604 prohibits the use of physical force in institutions and other facilities operated by or contracted with OJA except:
(1) when necessary for self-protection;
(2) to separate juveniles who are fighting;
(3) to restrain juveniles who have escaped or are in the process of escaping; andor
(4) to restrain juveniles who are in danger of harming themselves or others.
(b) Use of mechanical restraints. The use of mechanical restraints in institutions or other facilities operated by or contracted with OJA for any purpose is prohibited except upon a juvenile's hands as specifically provided for in this subsection. The practice of attaching hands and feet, as in hog-tying, is presumptively punitive and is specifically prohibited. Mechanical restraints may be employed only in the following situations:
(1) for transporting a juvenile to or from a facility when there are reasonable grounds to believe that the juvenile is a serious escape risk or a threat to the public safety; or
(2) within OJA institutions, to transport a violently out-of-control juvenile to a place of confinementcrisis management, but only after less restrictive methods of control have failed. When the restraints are employed in this situation, the restraints shall be removed as soon as the juvenile is transported to a place of crisis management and regains control or is confined, whichever occurs first. Under no circumstances shall OJA staff or contractors apply the restraints as punishment.
377:10-1-4.1. Use of chemical agents (a) Use of Oleoresin Capsicum (OC) spray in a secure facility is prohibited except in the following circumstances:
(1) when there is a threat for great bodily harm to staff or juveniles; or
(2) extreme threat to safety and security of the facility; or
(3) to quell an uprising of multiple juveniles.
(b) Following the use of any OC spray, medical staff shall immediately evaluate all staff and juveniles in the area of use. When OC spray is used, a critical incident investigation shall be completed.
377:10-1-4.2. Use of Electrical Conducted Device (ECD) (a) Use of ECD in a secure facility is prohibited except in the following circumstances:
(1) where only Youthful Offenders are housed; and
(2) when Youthful Offenders have a means and opportunity to cause great bodily injury or threaten the life of a staff or other Youthful Offenders.
(b) Following the use of any ECD, medical staff shall immediately evaluate all Youthful Offenders affected by the device. When an ECD is used, a critical incident investigation shall be completed.
377:10-1-7. Confidential records (a) The Oklahoma Juvenile Code at 10A O.S., § 7307-1.22-6-102, as amended provides for the confidentiality of the following records relating to juveniles:
(1) juvenile court records;
(2) agency records;
(3) district attorneys' records;
(4) law enforcement records;
(5) nondirectory education records; and
(6) social records.
(b) "Record" includes, but is not limited to:
(1) written or printed documents;
(2) papers;
(3) logs;
(4) reports;
(5) files;
(6) case notes;
(7) films;
(8) photographs;
(9) audio or visual tape recordings pertaining to a juvenile proceeding or a juvenile; and
(10) information entered into and maintained in an automated or computerized information system (10A O.S., § 7307-1.12-6-101 as amended).
(c) The records listed in (a) of this Section are confidential and may not be open to the general public or inspected, or their contents disclosed except as provided by state or federal law. In all other cases, confidential records may only be inspected or disclosed pursuant to an order of the Court (10A O.S., § 7307-1.12-6-101, as amended).
377:10-1-8. Agency records (a) "Agency record" means records prepared, obtained, or maintained by a public or private agency with regard to a child who is or has been under its care, custody, or supervision or with regard to a family member or other person living in the home of such child and includes, but is not limited to:
(1) any study, plan, recommendation, assessment, or report made or authorized to be made by such agency for the purpose of determining or describing the history, diagnosis, custody, condition, care, or treatment of such child; or
(2) any records made in the course of any investigation or inquiry conducted by an agency to determine whether a child is a delinquent child or a child in need of supervision.
(b) The Office of Juvenile Affairs "agency records" are confidential and may not be inspected nor their contents disclosed without a court order, unless otherwise provided by state or federal law, except to the following persons [10A O.S., § 2-6-106(A)]:
(1) the judge having the child currently before the court in any proceeding pursuant to Title 10A O.S. and any judge of the district court or tribal court to which any proceedings may be transferred;
(2) employees and officers of the court in the performance of their duties, including but not limited to guardians ad litem, appointed by the court, and members of review boards established pursuant to the Oklahoma Children's Code;
(3) a district attorney and the employees of an office of a district attorney in the course of their official duties pursuant to 10 and 10A O.S. or the prosecution of crimes against children;
(4) the attorney representing a child who is the subject of a juvenile proceeding pursuant to the provisions of Title 10A O.S. The attorney representing a child or an attorney considering representing a child in a juvenile proceeding may access other confidential records listed in 10A O.S., § 7307-1.22-6-102 (A) for use in the legal representation of the child;
(5) employees of juvenile bureaus in the course of their official duties;
(6) employees of a law enforcement agency of this or another state and employees of a child protective service of another state or any federally recognized Indian tribe member in the course of their official duties pertaining to investigations of known or suspected child abuse or neglect or crimes against children or for the purpose of determining whether to place a child in protective custody;
(7) employees of a law enforcement agency in the course of their official duties pertaining to the investigation of a crime committed or alleged to have been committed by a person under 18 years of age. Records or information disclosed pursuant to this subparagraph may consist of summaries or may be limited to the information or records necessary for the purpose of the investigation;
(8) the Oklahoma Commission of Children and Youth;
(9) the Department of Human Services;
(10) any public or private agency or person authorized by the Office of Juvenile Affairs to diagnose or provide care, treatment, supervision, or other services to a child who is the subject of a report or record of delinquency, child abuse or neglect, or other adjudicatory category, provided the OJA may limit the disclosure to summaries or to information directly necessary for the purpose of the disclosure;
(11) any federally recognized Indian tribe or state or county child protective services or child welfare agency providing for or supervising the diagnosis, care, treatment, supervision, or other services provided such child;
(12) the parents of the child who is the subject of any records;
(13) any person or agency for research purposes, if any of the following conditions are met:
(A) The person or agency conducting the research is employed by the State of Oklahoma or is under contract with the state and is authorized by the Department of Human Services to conduct the research; and
(B) The person or agency conducting the research ensures that all documents containing identifying information are maintained in secure locations and access to any documents by unauthorized persons is prohibited; that no identifying information is included in documents generated from the research conducted; and that all identifying information is deleted from documents used in the research when the research is completed;
(14) the Governor or to any person the Governor designates, in writing;
(15) any federal official of the United States Department of Health and Human Services or the United States Department of Justice;
(16) any member of the Legislature, upon the written approval of the Speaker of the House of Representatives or the President Pro Tempore of the Senate; and
(17) employees of the Department of Corrections in the course of their official duties (10A O.S., §7307-1.5 2-6-106(A)(17) as amended).
(c) Any person to whom the information is released shall show proper identifying credentials prior to release of the confidential information. The information disclosed remains confidential and must be used for the purposes for which the disclosure is authorized. It is unlawful for any person to furnish or disclose confidential records or information for commercial, political, or unauthorized purposes. Any unlawful disclosure or unlawful use of disclosed information is subject to criminal sanctions.
377:10-1-9. Information sharing (a) The Serious and Habitual Juvenile Offender Tracking Program Act, 10A O.S., § 7302-9.12-7-901, et seq., as amended provides for the exchange of information relating to serious and habitual juvenile offenders among law enforcement agencies, juvenile court personnel, district attorneys, and others who require such information in order to implement the Serious and Habitual Juvenile Offender Program. "Serious juvenile offender" and "habitual juvenile offender" mean persons under 18 years of age who have been adjudicated delinquent for the commission of serious acts or habitual criminal acts as defined by 10 O.S., § 7302-9.2 as amended and who are subject to the Serious and Habitual Offender Program.
(b) Information regarding such serious and habitualjuvenile offenders shall be made available to the agencies responsible for the implementation of the Serious and Habitual Offender Program. The Office of Juvenile Affairs, the juvenile bureaus, the District Attorneys' Council, the Oklahoma State Supreme Court as provided by law, the Oklahoma Commission on Children and Youth, the Oklahoma State Bureau of Investigation, local law enforcement agencies, and other agencies comprising the juvenile justice system, as defined by 10A O.S., Supp. 1995, § 7302-9.22-7-902(1), shall enter into contracts or interagency agreements under the Interlocal Cooperation Act for the purpose of sharing information regarding serious and habitualsaid offenders.
(c) Such contracts and agreements shall be made in accordance with any applicable proposed guidelines recommended by the Serious and Habitual Juvenile Offender Task Force within the Oklahoma Commission on Children and Youth as set forth in 10A O.S., § 2-7-904.
377:10-1-10. Disclosure of records pertaining to serious and habitual juvenile offenders without court order (a) In accordance with the rules adopted pursuant to the Serious and Habitual Juvenile Offender ActOklahoma Juvenile Code, 10A O.S., §§ 2-6-102 and 2-6-104, and 10 O.S., § 620.6, juvenile court records, agency records, district attorney's records, law enforcement records, non-directory education records, and social records, as defined by law, may be inspected and their contents disclosed without a court order, as provided in 10 O.S., §7303-1.3, to:
(1) participating agencies as defined in 10A
O.S., §7307-1.1 2-6-101(9);
(2) a person, agency, hospital, or clinic authorized or directed by the court or by the Office of Juvenile Affairs to care for, treat, examine, evaluate, or supervise a child or to treat, examine, or evaluate the parent, legal guardian, or other adult person living in the home of the child;
(3) a legally recognized school that is not a participating agency in which the child, who is the subject of the records, is currently enrolled or has been presented for enrollment; and
(4) individuals or agencies engaged in legitimate research for educational, scientific, or public purposes or for the purpose of an audit authorized by law. No information identifying the subjects of the records shall be made available or disclosed unless it is essential to the research or audit purpose.
(b) Information and records released as provided herein shall remain confidential and shall be used for the purposes for which disclosure is authorized. It is unlawful for any person to furnish any confidential record or disclose any confidential information contained in any juvenile record for commercial, political, or any unauthorized purpose. Any unlawful disclosure or unlawful use of disclosed information is subject to criminal sanctions.
(c) In accordance with the provisions of the Serious and Habitual Juvenile Offender ActTracking Program, 10A O.S., § 2-7-901, et seq., and 10 O.S., §Section 620.6 of Title 10, information included in juvenile court records, agency records, district attorney's records, law enforcement records, non-directory education records, and social records may be entered in and maintained in the Juvenile Justice Information System, or other automated system, whether or not the record is confidential. Such information systems may be accessed by participating agencies as provided for by law (10A O.S., §7307-1.2 2-6-102).
377:10-1-11. Documents and records (a) Documents filed with or presented to OJA shall be retained in the OJA files for the length of time required by state and federal laws. Documents shall be disposed of, sealed, and expunged in a manner consistent with the Records Management Act, 67 O.S., §§ 201 through 216; 67 O.S., §§ 305 through 317, as amended, which pertain to archives and records; and 10A O.S., § 7307.1-72-6-109, which pertains to the sealing of records. The records disposition schedule for OJA is available for public inspection.
(b) OJA records are available for public inspection in accordance with the Oklahoma Open Records Act, 51 O.S., § 24A.1 through 24A.24 as amended and OJA rules and procedures. All requests for agency and/or juvenile records must be submitted to the OJA Public Records Officer, P.O. Box 268812, Oklahoma City, OK 73126. No staff, other than the Public Records Officer or designee, shall fill records requests.
(c) In order to avoid giving unfair advantage to competitors or bidders, OJA shall keep confidential records relating to:
(1) specifications for competitive bidding prior to publication by the public body; and
(2) prior to the opening of bids by OJA or its representative, the contents of sealed bids solicited through requests for proposals or requests for information under Department of Central Services purchasing rules or those established by OJA.
(d) Provisions for copying and search fees are contained in the Open Records Act, with these exceptions being noted:
(1) OJA shall not charge a copy fee to other public entities, clients or their representatives, or employees;
(2) no search fee is charged to those seeking information in the public interest, including news media, schools, authors, or "taxpayers seeking to determine whether those entrusted with the affairs of its government are honestly, faithfully, and competently performing their duties as public servants."; and
(3) former employees seeking information from their personnel files shall not pay for the first ten (10) pages, but shall pay the prescribed fees for anything over ten (10) pages.
(e) The fees listed in (1)-(4) of this subsection may be charged separately or in combination. For example, a person may be charged a search fee in addition to a fee for photocopying.
(1) Fees for photocopying. OJA has established the following fee schedule, which must be posted for public view, for photocopying documents having the dimensions of 8½ x 14 inches or smaller:
(A) 25 cents per page;
(B) a maximum of one dollar ($1.00) per copied page for a certified page.
(2) Fees for search. Requests that are for a commercial purpose or clearly would cause excessive disruption of office function shall be charged a search fee of $25.00 per hour for staff time spent in the search.
(3) Fees for other types of reproduction. Requests for computer runs, microfilming, or reproduction other than
photocopying shall be charged the cost to OJA of duplicating the information involved. Such requests shall be forwarded to the State Office where the fee is developed with the appropriate division.
(4) Payments of fees. All fees shall be paid prior to delivering the copies. If the request is for search only, the fee shall be paid before the person is allowed to review the material. All fees shall be paid by check or money order; cash is not accepted. The fee payment shall be transmitted to the State Office, Attention Finance Division. In addition, a receipt shall be given upon payment.
The Placement Unit is designated by the Office of Juvenile Affairs to authorize and coordinate placements above the foster care level for all adjudicated juveniles and youthful offenders in custody of the Office of Juvenile Affairs. All commitments, recommitments, parole revocations and administrative transfers of custody youth must be processed through the Placement Unit. The Placement Unit shall make all placements in accordance with 10A O.S., §§ 7302-5.2 2-5-212, 7302-5.32-7-502, and 7306-2.11 2-7-503.
377:10-3-2. Placement process (a) When a juvenile is committed to the custody of the Office of Juvenile Affairs, the JSU worker shall conduct a review and assessment of the juvenile to determine the type of placement consistent with:
(1) the juvenile's treatment needs in the closest location to the juvenile's home; and
(2) if the juvenile is adjudicated delinquent, the protection of the public [10A O.S., § 7303-8.32-2-803].
(b) The JSU worker shall make a recommendation to remove a juvenile from home after reasonable efforts to allow the parents to fulfill their roles have failed. In making a decision regarding moving a juvenile from the home, the JSU worker shall consider the bests interests of the juvenile, as well as, the protection of the public.
(c) From intake to placement, the JSU worker shall collect information relating to the Uniform Child Custody Jurisdiction Act (UCCJA) (43 O.S., § 551-101 et seq.) or the Indian Child Welfare Act (ICWA) (10 O.S., § 40.1 et seq.) is applicable. Placements of OJA-custody juveniles shall be made in accordance with UCCJA and ICWA when appropriate.
(d) All placements require authorization by the Placement Unit except changes of placement to:
(1) independent living (requires authorization by district supervisor);
(2) own home;
(3) relative's home; and
(4) foster care.
377:10-3-3. Delinquent and youthful offender classification As required by 10A O.S., §§ 7303-8.3 2-2-803 and 7306-2.112-5-212, OJA shall conduct a thorough review and assessment of each juvenile placed in OJA custody. OJA staff shall assess each delinquent or youthful offender in three areas in order to identify the most appropriate placement. The three areas are:
(1) offense history;
(2) risk assessment; and
(3) treatment needs.
SUBCHAPTER 7. Contract Programs and Services PART 1. GENERAL PROVISIONS AND FOSTER CARE The Office of Juvenile Affairs is authorized by 10A O.S., § 7302-6.62-7-606(D) to develop a variety of placements for OJA-custody juveniles. The purpose of this subchapter is to describe the programs and facilities with which the Office of Juvenile Affairs contracts for placement of juveniles.
(a) Foster family home. A foster family home is a private residence in which a juvenile is placed for out-of-home foster care services. Foster parents shall provide continuous 24-hour care and supportive services to a juvenile placed in the home.
(b) Scope.
(1) The JSU worker shall participate in the recruitment of foster homes for juveniles in Office of Juvenile Affairs (OJA) custody. In addition to the requirements listed in 10 O.S., § 7204, as amended foster family homes shall meet, at a minimum, the standards required by the Oklahoma Child Care Facility Licensing Act (10 O.S. §7204B.7). These standards are found in OAC 340:110-5, Part 5 and OJA foster family standards found in paragraphs (d) and (e) of this section.
(2) An OJA employee may apply to become a foster parent. However, the district supervisor must obtain approval from the Executive Director or the affected division administrator before certifying the home.
(c) Foster parent eligibility assessment. The JSU worker shall advise each foster parent applicant that a foster parent eligibility assessment per 10 O.S., §7203, as amended will be conducted on all adults living in the home. The foster parent eligibility assessment includes, but is not limited to, the following:
(1) a criminal history records search conducted by the OSBI;
(2) a national criminal history records search based upon the submission of fingerprints;
(3) a home assessment; and
(4) any other assessment requested by the Office of Juvenile Affairs.
(d) OJA foster family home standards. Persons providing foster family home care shall be chosen for their child care abilities and governed by clear standards of conduct as listed in this paragraph.
(1) Skills, knowledge, and abilities of foster parents. A foster parent must:
(A) demonstrate an ability to show openness, warmth, and acceptance in personal relationships;
(B) participate as a team member with the JSU worker and other persons involved in the juvenile's treatment plan;
(C) demonstrate an ability to create and continue a mutual trust relationship with the juvenile and the team;
(D) help the juvenile have confidence in the team;
(E) agree in writing to abide by OJA's rules regarding confidentiality;
(F) understand the general principles of human behavior, with special emphasis on the emotional, behavioral, and social problems of troubled juveniles;
(G) demonstrate an ability to work effectively with a range of professional disciplines, such as law enforcement, social work, psychology, vocational rehabilitation, and education;
(H) demonstrate a knowledge of and willingness to abide by all standards, regulations, and policies pertaining to the foster home; and
(I) demonstrate an ability to resolve conflict in a positive manner.
(2) Foster parent training.
(A) A foster parent shall complete 12 hours of pre-service foster parent education prior to a juvenile's
being placed in the home.
(B) A foster parent shall attend 12 hours per year of continuing in-service training.
(C) Training shall include all provisions of 10 O.S. §7212 (B)(2) and:
(i) foster parent rights and responsibilities, including the area of parental substitute authority;
(ii) rights and responsibilities of OJA;
(iii) juvenile rights; and
(iv) behavior management techniques.
(3) Family composition. Foster parents may be either single or married, with a history of stable relationships. All applicants shall be evaluated on a case-by-case basis, but must have family, friends, or others approved by OJA to provide support and backup care.
(4) Age. The JSU worker conducting the study shall consider the age of a foster parent in relation to his or her physical capability, flexibility, vitality, maturity or judgment, and ability to exercise appropriate authority, supervision, and physical care. No person under the age of 21 shall be approved as a foster parent.
(5) Health. All members of the foster family must be in sufficiently good physical and mental health to provide necessary care for a juvenile. Adults in the home must have a physical exam before the home is certified. If a foster parent requires hospitalization or ongoing outpatient medical care, including mental health counseling, the foster parent must give the worker a physician's statement stating that the foster parent is capable of providing foster care. Adult members of the household who receive disability payments shall provide JSU a release of information so that JSU can obtain information regarding the applicant's ability to care for foster children.
(6) Income. The foster family must have a source of income adequate to meet the family's needs without the supplement of the foster care reimbursement. The worker shall consider entitlement programs such as Social Security, SSI, IV-E, and TANF as appropriate sources of income.
(7) Employment. A foster parent may be employed or attend school or training either full or part time while providing foster care as long as these activities do not interfere with the provision of a suitable family life. Arrangements for supervision of custody juveniles must be approved by the juvenile's JSU worker.
(8) Religion. Foster parents shall provide reasonable opportunity for any foster child to practice the religion of his or her choice. No child shall be required to attend any religious service against his or her religious preferences.
(9) References. Foster family applicants shall provide a total of six references, no more than two of whom are relatives, to the JSU worker.
(10) Foster parent eligibility assessment.
(A) An Oklahoma State Bureau of Investigation criminal history records search must be conducted on all applicants and adult members of the household prior to the home's being certified. Applicants or household members with less than one (1) year's residence in Oklahoma shall authorize equivalent records searches from the previous state(s) of residence for at least five (5) years immediately preceding the placement.
(B) A national criminal history records search based on submission of fingerprints must also be conducted on foster parent applicants and all adults residing in a prospective foster home. Exceptions may be granted by the Executive Director in writing to a person who has a severe physical condition which precludes his or her being fingerprinted (10 O.S. §7209).
(C) A juvenile may be placed in the home before the national criminal history records search is completed if the prospective foster parent and all adults living in the home have lived in Oklahoma for at least five (5) years immediately preceding the placement.
(D) JSU shall update the OSBI criminal history records search every three (3) years or sooner if indicated. Statutory authority for the foster parent eligibility assessment is found in 10 O.S. §§ 404.1 and 7209, as amended.
(E) The JSU worker conducting the study must conduct a juvenile justice information systems review on all persons over the age of 13 years residing in the home, other than a foster child.
(11) History of charges and convictions of crimes.
(A) A home shall not be certified if anyone in the home has been convicted of:
(i) physical assault, battery, or a drug-related offense within the five-year period preceding the application;
(ii) child abuse or neglect;
(iii) domestic abuse;
(iv) a crime against a child, including, but not limited to, child pornography; or
(v) a crime involving violence, including, but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery.
(B) Approval of any person with a history of charges and convictions of crimes other than those listed in (i) of this sub-paragraph shall be determined on a case-by-case basis with consultation from the Executive Director or the affected division administrator.
(12) Sex crimes. No person who has been convicted of or received a deferred sentence for a sex-related crime or for whom there has been a confirmed finding in a sexual abuse investigation shall be approved as a foster parent.
(13) OJA rules, policies, and procedures. Foster parents shall abide by OJA rules, policies, and procedures. Foster parents must agree in writing to follow OJA rules related to confidentiality. Foster parents must be given a copy of OJA's disciplinary rules as set forth in 377:10-1-3 and agree in writing that the following disciplinary actions are strictly prohibited:
(A) corporal punishment of any kind;
(B) threats;
(C) derogatory remarks, or other verbal abuse directed toward the juvenile or his or her natural or adoptive parents;
(D) deprivation of nutritious meals;
(E) deprivation of visits with the natural or adoptive parents without prior consultation with the JSU worker; and
(F) any unusual or unnecessary punishment.
(e) OJA foster family standards related to physical facilities, sleeping arrangements, and surroundings
(1) Safety. The physical facilities of the home must present no hazards to the safety of the foster child.
(2) Location. The foster home must be located within one half mile of public transportation, or the foster parent must be able to arrange transportation to community resources.
(3) Recreation. Adequate indoor and safe outdoor space for recreational activities must be provided.
(4) Telephone. Foster parents must have a working telephone and advise JSU of the correct phone number.
(5) Automobiles. Foster parents shall maintain a car in working order. Foster parents shall carry the statutorily mandated automobile liability insurance of a 10/20/10 minimum and possess a valid Oklahoma driver's license. Foster parents shall insure that seat belts are used at all times.
(6) Liability insurance. A foster family shall carry a minimum of $100,000.00 liability insurance.
(7) Sleeping arrangements and privacy.
(A) Each juvenile shall be provided a separate bed.
(B) No more than two juveniles shall share a bedroom.
(C) Separate bedrooms must be provided or juveniles who are of the opposite sex.
(D) Adults shall not share bedrooms with foster children.
(E) Adequate space must be provided for a juvenile's personal possessions and for a reasonable degree of privacy.
(F) A room, such as the living room, utility room, den, dining room, pantry, or converted garage, cannot be used as a bedroom unless it is specifically designated as a bedroom.
(8) Number of juveniles
(A) The total number of juveniles in the home, including the foster parents' biological children, adopted children, and foster children, cannot exceed six.
(B) The total number of foster children placed in any home cannot exceed five.
(C) An OJA foster home may not serve as a placement resource for any other agency nor may the foster parents provide child care for children from another source on a regular basis, paid or free without prior written approval from the Executive Director or the affected division administrator.
(9) Annual assessment. The JSU worker responsible for the foster home shall conduct an annual assessment of the home. An annual OSBI records check must also be conducted.
(f) Foster home certification. The district supervisor shall certify the applicant's home as a foster home upon the worker's written recommendation when:
(1) the worker's written home assessment indicates the family meets the foster home standards; and
(2) all background and criminal history records searches have been completed and reveal no disqualifying information.
(g) Foster home contract. If the OSBI criminal history records search reveals no disqualifying information, the district supervisor may provisionally certify the home. Upon being provisionally certified, the foster parents shall sign a foster home contract with OJA. If the national criminal history records search reveals disqualifying information, OJA shall immediately cancel the contract and remove all juveniles placed in the home. In addition to the provisions listed in 10 O.S. §7206, the contract must include the list of foster parent rights in accordance with 10 O.S., §7209, as amended. A new contract must be executed each year.
(h) Preplacement visit. When possible, the JSU worker shall arrange for a preplacement visit between the juvenile and foster parents (10 O.S. § 7208, as amended).
(i) Information
provided to foster parents. Upon a juvenile's being placed in foster care, the worker shall provide foster parents with:
(1) the names and telephone numbers for the:
(A) juvenile's case worker;
(B) case worker's supervisor;
(C) worker responsible for conducting the foster home study and the annual assessment of the home and the worker's supervisor; and
(D) contact person in the OJA state office or child-placing agency.
(2) any other medical, psychological, social, or other pertinent information relating to foster care;
(3) a copy of the OJA or child placing agency's grievance procedures;
(4) the name and telephone number of any foster parent association in the county of the foster parent's residence;
(5) a copy of the statement of foster parent rights;
(6) information detailing the foster parent's ability to submit written reports to the court, or to petition the court directly for review of a decision by the state agency or the child-placing agency to remove a foster child who has been placed with the foster parent; and
(7) a copy of the policies and procedures of the Office of Juvenile Affairs or the child-placing agency which pertain to placement operations.
(j) Foster parent grievances.
(1) A foster parent may file a grievance with OJA in accordance with 10 O.S., § 7213.
(2) In accordance with 10 O.S., § 7204.1, there shall be no retaliation against a foster parent who files a grievance.
(3) Any person who knowingly and willfully makes a false or frivolous grievance report or complaint or a report that the person knows lacks factual foundation may lose certification as a foster parent.
(k) Office of juvenile Affairs "Foster Parent Hotline". Foster parents may call the Office of Juvenile Affairs' toll-free during normal agency business hours, 8:00 a.m. until 5:00 p.m., Monday through Friday to obtain information related to foster care services or to file a complaint or grievance. Weekend and holiday calls will be answered by automated message center. A representative from OJA shall respond to weekend or holiday calls within the first hour of the next business day following the weekend or holiday. The toll-free number is 1-888-254-6692.
(l) Movement of a juvenile from a foster care placement. The JSU worker shall move juveniles from foster care in accordance with 10 O.S., §7208, as amended.
(1) When a juvenile has resided with a foster parent for (3) three or more months, the JSU worker, except in an emergency, shall give the foster parent a minimum of five (5) days advance notice before removing a juvenile from the foster parent's care and shall provide the foster family with written notification of the reasons for removing the juvenile.
(2) Except in an emergency situation, JSU shall not change the foster home placement of a juvenile without court approval if the:
(A) juvenile has been moved once since the last court hearing; and
(B) foster parent, with whom the juvenile has resided for more than six (6) months objects, in writing, after notice of the removal of the juvenile by OJA or the child-placing agency. The objection shall be filed with the court by the foster parent and served on OJA or the child-placing agency within five (5) days after receipt of the notice from OJA or the child-placing agency regarding removal of the juvenile.
(3) The timely filing and service of the objection shall stay removal of the juvenile pending court review unless the OJA or child placing agency's stated reason for removal is:
(A) the foster parent's substantial noncompliance with applicable standards and agreements;
(B) pending investigation of allegations of abuse or neglect by the foster parents or other person residing in the foster family home; or
(C) reunification with a parent who contributed to the juvenile's being deprived, with prior approval of the court
(a) A foster family home is a private residence in which a juvenile is placed for out-of-home foster care services and includes a specialized foster home, a therapeutic foster family home, or a kinship care home. Foster parents shall provide continuous 24-hour care and support.
(1) OJA responsibility. OJA is responsible for certification of the foster home and to verify the foster home meets minimum requirements, which include the following:
(A) Criminal history records search. OJA shall conduct a criminal history records search for each member of the foster family who is 18 years of age or older. A criminal history records search is obtained from:
(i) the Oklahoma State Bureau of Investigation (OSBI) which shall include a search of Department of Corrections files maintained by the OSBI pursuant to the Sex Offenders Registration Act; and
(ii) the state investigative agency in the previous state of residence if the person has resided in Oklahoma less than one year;
(iii) a Federal Bureau of Investigation (FBI) national criminal history search, based on the fingerprints of the individual; and
(iv) a search of any child abuse registry maintained by a state in which the prospective foster parent or any adult living in the home of the prospective foster parent has resided in the past five years.
(B) Disqualifying crimes. A prospective foster parent is not an approved placement for a juvenile if the prospective foster parent or any other person residing in the home of the prospective foster parent has been convicted of any of the following felony offenses:
(i) within the five-year period preceding the application date, physical assault, battery, or a drug-related offense;
(ii) child abuse or neglect;
(iii) domestic abuse;
(iv) a crime against a child, including, but not limited to, child pornography; and
(v) a crime involving violence, including, but not limited to, rape, sexual assault, or homicide, but excluding those crimes specified in (A) of this paragraph.
(C) Certification. A copy of the certification is maintained in the foster home file.
(i) Certification of the foster home applies only to the location of the residence at the time the home study is made.
(ii) If the family moves, OJA shall certify the new location.
(D) Policy. OJA shall provide foster parents with OJA policy relative to foster care.
(E) Medical services. OJA requires that the juvenile in foster care receives appropriate medical services.
(F) Case planning. OJA is responsible for case planning.
(G) Supervision. OJA shall provide supervision at least once a month to each juvenile in foster care, including private visits with the juvenile in foster care and on-site visits to the home, to assess the continued suitability of the foster home environment.
(H) Written agreement. OJA shall have a written agreement with the foster family, and provides the foster parents a copy of the agreement. The agreement includes statements:
(i) regarding the financial agreement, if applicable, between OJA and the foster home;
(ii) that the foster home will not:
(I) accept a non-relative juvenile from any source without the approval from OJA; or
(II) provide child care on a regular basis;
(iii) that OJA has the right to remove the juvenile at its discretion;
(iv) that the juvenile in foster care is discharged from foster care only with the consent of OJA;
(v) that visitation by the juvenile's parents or relatives must be approved by OJA;
(vi) regarding absences of the juvenile from the home, including respite care, as per OJA policy;
(vii) that the foster parents agree to cooperate with OJA staff in evaluating the foster home and in the ongoing supervision of the foster home; and
(viii) that the foster parents agree to contact OJA when a household member has any involvement with legal authorities, a household member is alleged to have committed any allegations of child abuse, or if there are any other circumstance or incident seriously affecting the juvenile or care of the juvenile.
(I) Grievance policy and procedure. OJA shall have written grievance policy and procedure for foster parents and juveniles in foster care.
(2) Foster home certification. Certification of the foster home includes written documentation of:
(A) application for foster home certification that includes prior child care experience with other agencies;
(B) appropriate immunizations for the foster parents' children;
(C) a statement from a health professional certifying that all members of the household have had a physical examination within one year prior to application, verifying that they:
(i) are in good health; and
(ii) do not have a condition that would interfere with their ability to care for juveniles;
(D) three written references from non-relatives who have knowledge of family functioning;
(E) a current, completed foster home study before the home is approved; and
(F) a criminal history records search conducted for each household member who is 18 years of age or older, per OAC 377:10-7-3(a)(1) - (2).
(3) Foster home study. OJA
shall prepare a written home study before approving the foster home and prior to placement of a juvenile that contains, at a minimum, information regarding:
(A) Interviews and home visits. Interviews and home visits, include documentation of at least one:
(i) separate face-to-face interview with each parent, school-age child, and any other household member;
(ii) joint face-to-face interview; and
(iii) home visit;
(B) Household composition. Information regarding household composition includes each person residing in the home;
(C) Criminal history records search. A criminal history records search is conducted on each household member who is 18 years of age or older, per OAC 377:10-7-3(a)(1) - (2), prior to initial approval of the home and when a new household member, age 18 or older, moves into the home;
(D) Foster juvenile profile. The foster home study includes statements regarding the applicant's preference for age, gender, and special needs of the juvenile;
(E) Motivation, attitudes, and expectations. The foster home study includes motivation and attitudes toward foster care and expectations regarding juveniles in foster care;
(F) Health. Health information for each household member includes:
(i) present physical health;
(ii) emotional stability;
(iii) medical history; and
(iv) any history of drug or alcohol use;
(G) Family functioning. The foster home study includes information regarding the assessment of family dynamics, functions and interactions with each member of the family.
(H) Foster parents' marital status. The foster home study includes information regarding the marital status of the foster parents, such as present marital status, history of previous marriages or significant relationships, date of present marriage, and description of the marriage or relationship;
(I) Employment. The foster home study includes the employment history of family members;
(J) Financial information. Financial information in the foster home study includes documentation of annual income.
(K) Education. The foster home study includes information regarding the education of family members.
(L) Religion. Information regarding religion includes the family's religious preference and practices;
(M) Description of the home. The description of the home includes the:
(i) type of dwelling and physical description; and
(ii) location of the home and description of the neighborhood;
(N) Weapons and firearms. The foster home study includes the location of weapons and firearms, if any, and a notice that weapons and firearms are prohibited unless a full-time duly appointed peace officer, who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of 10 O.S., § 3311, resides in the home;
(O) Transportation. Information regarding transportation includes the family's means of transportation and verification of:
(i) a valid driver's license for each family member who will transport a juvenile in foster care;
(ii) license tag;
(iii) insurance; and
(iv) an agreement to transport all juveniles and adults in compliance with applicable state law, per 47 O.S., § 11-1112;
(P) Family history. The foster home study includes information regarding family history, including:
(i) names of parents and siblings;
(ii) dates and places of birth;
(iii) physical health and mental stability;
(iv) relationship with family members;
(v) social, cultural, and religious orientation; and
(vi) information regarding their childhood including how they were disciplined;
(Q) Written references. The foster home study includes three written references from persons who have information relative to the family's ability to provide foster care that include:
(i) name, address, and telephone number;
(ii) when and how the person became acquainted with the applicants;
(iii) how often the person has contact with the family;
(iv) information regarding family functioning; and
(v) opinions regarding personal qualities and ability to provide care for juveniles in foster care; and
(R) Recommendation. The foster home study includes the recommendation whether to approve the home that:
(i) is signed and dated by the person who conducted the foster home study and the district supervisor; and
(ii) if approved, contains the juvenile's profile and number of juveniles for which the home is approved.
(4) Annual home study
updates. The foster home study is updated annually to include:
(A) documentation of a home visit;
(B) documentation of a face-to-face interview with each parent, school-age child, and any other household member;
(C) current vehicle insurance verification; and
(D) reports of any significant changes from the initial home study.
(5) Foster parent training. OJA shall provide and document that each foster parent has received at a minimum:
(A) six hours of orientation or preservice training prior to approval of the foster home or placement of a juvenile and includes at a minimum:
(i) OJA policy;
(ii) program philosophy;
(iii) confidentiality;
(iv) mandatory reporting of child abuse;
(v) grievance process;
(vi) emergency medical procedures; and
(vii) fire and disaster plans;
(B) six additional hours of training within the first calendar year of certification that is relevant to the needs of the juvenile placed in their care and is documented by the OJA to include, but is not limited to:
(i) normal child development;
(ii) behavior management;
(iii) separation and loss; and
(iv) infection control and injury prevention; and
(C) 12 hours of training each calendar year thereafter that is relevant to foster parents' roles and responsibilities and may include workshops and video presentations.
(6) Foster parent responsibility.
(A) General. Foster parents shall provide OJA any information related to compliance with all requirements and allow representatives of the agency access to any member of the household and into all rooms within the home. Foster parents:
(i) are responsible, mature, healthy adults capable of meeting the needs of the juveniles in foster care;
(ii) demonstrate a capacity for setting realistic expectations for behavior and performance based on the ages, abilities, and special needs of the juveniles;
(iii) may be married couples, single persons, or family members with a stable living arrangement; and
(iv) ensure that all members of the household are informed of and agree to accept the juvenile into the home.
(B) Age. Foster parents shall be at
least 21 years of age.
(C) Income and employment. Foster parents shall have sufficient income to meet their needs and ensure the security and stability of the household independent of foster care maintenance payments if applicable.
(i) Foster parents who both work outside the home shall obtain approval from OJA for their plan of care for the juveniles during their absence.
(ii) Foster parents shall obtain approval from OJA to conduct a business in the home and demonstrate that the activities related to this business will not interfere with the care of the juveniles.
(D) Notifications. Foster parents shall comply with the requirements pertaining to notifications. Foster parents shall notify OJA:
(i) in writing prior to allowing any person to take up residence for more than two weeks in the foster home;
(ii) immediately of the occurrence of:
(I) the death of a juvenile;
(II) a serious injury or illness involving medical treatment of the juvenile;
(III) unauthorized absence of the juvenile from the home as defined by OJA policy;
(IV) removal of the juvenile from the home by any person or agency other than OJA, or attempts at such removal;
(V) loss of income that affects the family's ability to meet the needs of the juveniles in foster care;
(VI) any involvement of a juvenile with legal authorities;
(VII) any fire or other emergency requiring evacuation of the home; and
(VIII) lack of heat, water, or electricity; and
(iii) as soon as possible of:
(I) any serious illness or death in the household;
(II) the departure or return of any member of the household;
(III) a move to another residence; and
(IV) any other circumstance or incident seriously affecting the juvenile or care of the juvenile; and
(V) any allegations of child abuse.
(E) Cooperation. Foster parents shall work cooperatively with OJA representatives as members of the treatment team responsible for planning, providing, and discussing the total care and services provided to each child. Foster parents shall:
(i) fully disclose all information related to a juvenile's problems or progress to OJA representatives;
(ii) treat any personal information about a juvenile or the juvenile's family in a confidential manner; and
(iii) participate in an annual mutual review with OJA to evaluate the strengths and weaknesses of the foster home and of OJA representatives' relationships with foster parents.
(F) Number of children. The
foster home agency complies with requirements regarding placement of children in the foster family home.
(i) No more than five foster juveniles are placed in the home.
(ii) The number, ages, and needs of foster juveniles placed in the home are in keeping with the capacity and skills of the foster parents and accommodations of the home.
(iii) The total number of juveniles in the home, including the foster parents biological children, adopted children, and foster children cannot exceed six. Local city ordinances should be researched to determine if other restrictions apply.
(7) General foster home requirements.
(A) Home requirements. The foster home shall:
(i) be clean, safe, and in good repair;
(ii) have the exterior around the home free from objects, materials, and conditions that constitute a danger to the juveniles served;
(iii) be accessible to school, church, recreational and health facilities, and other community resources, as needed; and
(iv) be in compliance with all applicable fire, health, and safety laws, ordinances, and regulations.
(B) Safety requirements.
(i) Clear glass doors are plainly marked to avoid accidental impact.
(ii) Juveniles are protected from hazardous materials, such as flammable liquids and poisonous materials.
(iii) All weapons and firearms are prohibited, except as provided for in OAC 377:10-7-3(c)(14).
(iv) The premises are free of illegal drugs and paraphernalia.
(v) Smoking is prohibited inside the home and when transporting juveniles.
(vi) Stairways over four steps, inside and outside, have railings.
(vii) Any play activity that involves water is supervised constantly. Ponds or pools are not left accessible to juveniles.
(C) Fire safety requirements.
(i) A fire extinguisher rated for Class ABC fires is installed in the kitchen area.
(ii) The foster home is equipped with adequate operable smoke detectors in the vicinity of the sleeping areas.
(iii) Each floor used as living space has at least two means of escape, at least one of which is a door leading to an unobstructed path to the outside. The second means of escape may be an unobstructed, operable window with 20" X 24" minimum dimensions.
(iv) All heating and air conditioning equipment is installed in accordance with state and local mechanical codes and manufacturer's instructions.
(D) Health requirements.
(i) Water supply, sewage disposal, and solid waste disposal meet local city ordinances and Oklahoma Department of Environmental Quality regulations.
(ii) Rooms used by juveniles are well lighted and ventilated.
(iii) Windows and doors used for ventilation are screened.
(iv) The foster parents take measures to keep the house and grounds free of rodents, insects, and stray animals.
(v) At least one operable sink, one operable toilet, and one operable tub or shower are available in the home.
(vi) Each juvenile is provided with individual combs, toothbrushes, wash cloths, towels, and eating and drinking utensils.
(vii) Linens are changed when needed.
(viii) Animals or household pets are permitted provided there is proof of annual rabies vaccinations for each animal. Pets or animals in the foster home, indoors or outdoors, are in good health, show no evidence of carrying disease, are friendly toward juveniles, and present no threat to the health, safety, and well-being of juveniles.
(ix) OJA requires the foster family to comply with the Oklahoma State Department of Health recommendations regarding tuberculin skin testing when there is a local identified tuberculin exposure.
(E) Sleeping arrangements. A separate bed is provided for each child or juvenile.
(i) No more than two children or juveniles may share a sleeping room, except as approved by OJA.
(ii) Separate sleeping rooms are provided for children older than four years who are of different sex.
(iii) Juveniles in foster care do not share a sleeping surface with adults in the household.
(F) Emergency plans. The foster home complies with the requirements pertaining to emergency plans contained in this subsection.
(i) The foster home has a planned source of medical care available, such as a hospital emergency room, clinic, or health professional known to the foster family.
(ii) The home has a telephone with emergency numbers posted nearby for the health professional or clinic, fire department, police department, ambulance service, and substitute caregiver.
(iii) The foster parent has an emergency evacuation plan in the event of fires, tornadoes, floods, and other emergencies.
(iv) First aid procedures and supplies are readily available.
(v) The foster parent ensures that each child and juvenile, as appropriate to age and developmental level, knows how to evacuate from the home in the event of a fire. The foster parent conducts periodic evacuation drills.
(G) Transportation. Juveniles in foster care are transported in compliance with applicable state law, 47 O.S., § 11-1112. The transporting vehicle shall be covered by liability insurance as required by Oklahoma laws. The foster family has emergency transportation available.
(i) Driver qualifications. Drivers transporting juveniles in foster care have an operator's license of the type appropriate for the vehicle that is valid in the driver's state of residence.
(ii) Passenger restraints. Juveniles who are transported are properly secured in an individual seat belt.
(H) Nutrition. Each juvenile is provided a balanced, nutritious, and developmentally appropriate diet. The food is wholesome in quality, ample in quantity, and of sufficient variety.
(I) Informal care arrangement requirements. The foster parent may make informal care arrangements with friends, neighbors, or relatives for occasional care of the juvenile, including before and after school hours, and not to exceed 24 consecutive hours.
(i) The foster parent shall:
(I) ensure that informal care providers possess the maturity and skill to address the needs of the juvenile in foster care;
(II) secure prior authorization for informal care from OJA. Prior authorization may apply to multiple events when the same informal provider is used;
(III) not utilize a juvenile in foster care to babysit a younger child unless approved by OJA; and
(IV) provide the informal provider information for contacting the foster parent and other emergency contacts.
(ii) The informal provider must be at least 18 years of age.
(J) Alternate care arrangement requirements. The foster family is encouraged to develop a relationship with another family as an alternate provider who can provide care for the juvenile in foster care in case of family emergencies, family vacations, or when the provider needs respite care. The agency must approve the alternate care and have documentation that the alternate provider:
(i) is at least 21 years of age;
(ii) has obtained a criminal history records search within the last 12 months conducted by:
(I) the Oklahoma State Bureau of Investigation (OSBI) which shall include a search of Department of Corrections files maintained by the OSBI pursuant to the Sex Offenders Registration Act for each household member who is 18 years of age or older; and
(II) the authorized agency in the previous state of residence if the person has resided in Oklahoma less than one year;
(iii) meets the foster home requirements listed in OAC 377:10-7-3(g);
(iv) provides one reference; and
(v) complies with discipline and behavior management requirements in OAC 377:10-7-3(g)(11).
(K) Discipline and behavior management requirements. The objective of discipline and behavior management is to provide a positive learning experience for the juvenile to grow and develop and to learn acceptable standards of social behavior.
(i) Expectations of foster parents. Foster parents shall:
(I) recognize and encourage appropriate behavior;
(II) teach by example and use fair and consistent rules with logical consequences;
(III) use methods of discipline that are relevant to the behavior;
(IV) supervise with an attitude of understanding, firmness, and discipline;
(V) give clear directions and provide guidance consistent with the juvenile's level of understanding;
(VI) redirect the juvenile by stating alternatives when behavior is unacceptable;
(VII) express themselves so the child understands that the juvenile's feelings are acceptable but certain actions or behavior are not;
(VIII) help the juvenile learn what conduct is acceptable in various situations;
(IX) encourage the juvenile to control the juvenile's own behavior, cooperate with others and solve problems by talking things out; and
(X) communicate with the juvenile by showing an attitude of affection and concern.
(L) Discipline and behavior management policy. OJA complies with the requirements regarding discipline and behavior management contained in this subsection. OJA's discipline policy is maintained in writing and is provided to foster parents, the juvenile and the juvenile's parent or custodian.
(i) OJA's discipline policy includes: (I) the goal and purpose of OJA's discipline and behavior management program;
(II) approved methods of discipline and behavior management;
(III) a list of persons authorized to administer discipline and behavior management methods to juveniles in foster care; and
(IV) the agency's method of monitoring and documenting implementation of the policy; and
(ii) OJA's discipline policy prohibits punishment:
(I) of a physical nature, such as shaking, striking, spanking, or physical abuse;
(II) that constitutes emotional abuse, such as humiliation, name-calling, cursing, or degrading remarks regarding the juvenile or the juvenile's family;
(III) administered by one juvenile to another juvenile;
(IV) that denies meals, sleep, or mail; and
(V) that places a juvenile in a locked room.
(8) Juvenile's case record. Records maintained by OJA for juveniles in placement include, but are not limited to:
(A) an intake form that includes the juvenile's full name, nickname(s), if any, date of birth, race, gender, place of birth, religion, and names, addresses and telephone numbers of parents and other significant relatives;
(B) history of previous placements and dates;
(C) reason for the present placement;
(D) a description of the circumstances that led to the juvenile's present placement;
(E) a description of the juvenile's relationship with other significant adults and children;
(F) admission assessment that includes the juvenile's current level of functioning and medical history, including:
(i) medications the juvenile is currently taking;
(ii) immunizations;
(iii) allergies; and
(iv) childhood diseases;
(G) current court order(s) documenting legal custody of the juvenile and other applicable court orders;
(H) certified birth verification;
(I) juvenile's medical information, including:
(i) juvenile's medical authorization number, if applicable;
(ii) medical examination completed no more than 60 days prior to placement or scheduled within 10 days after placement;
(iii) written authorization to provide medical care;
(iv) disabilities;
(v) psychosocial information;
(vi) name of the juvenile's last doctor, if known; and
(vii) documentation of medical services;
(J) history of the juvenile's family of origin;
(K) information regarding the physical health of the juvenile's family, including father, mother, and grandparents;
(L) information regarding the emotional stability of family members;
(M) reports from schools, specialists, and other agencies;
(N) documentation that the juvenile's rights have been explained to the juvenile;
(O) documentation that the grievance policy has been explained to the juvenile;
(P) a service plan per OAC 340:110-5-3 completed within 30 days of placement and signed and dated by the juvenile, staff, foster parents, and parent or guardian;
(Q) revision of the service plan every six months;
(R) case notes that have been signed and dated;
(S) a discharge plan that includes anticipated length of placement and future placement;
(T) a discharge summary that includes an assessment of the juvenile's progress in placement, the juvenile's continuing needs and plans, and recommendations for follow-up services, if any; and
(U) documentation of inability to obtain any of the information contained in this Section and efforts to obtain it.
(9) Foster home record. OJA shall maintain a current record on each foster home. Entries, dated in chronological order and identifying the staff member who recorded the information, include:
(A) certification form and documents verifying certification, per OAC 377:10-7-3(b);
(B) a complete report of the home study with evaluation and recommendations as required;
(C) records of all juveniles placed in the home with dates, names, ages, and rates of payment for services, if applicable;
(D) records of all juveniles removed from the home with dates, names, ages, and reasons for removal;
(E) financial agreements, if applicable;
(F) signed
and dated case notes, visits or contacts, and conferences;
(G) a copy of the placement worksheet on each juvenile;
(H) correspondence;
(I) records of the home study, updated annually, per OAC 377:10-7-3(d);
(J) documentation of training; and
(K) written agreements and contracts between the agency and the foster parents.
(10) Juvenile's rights. OJA requires that the juvenile in foster care is:
(A) not forced to participate in publicity or promotional activities;
(B) not publicly identified as in the custody of OJA;
(C) provided an opportunity to participate in religious services;
(D) supplied with facilities and supplies for personal care, hygiene, and grooming;
(E) supplied with his or her own clothing and shoes appropriate to the season, age, activities, and individual needs and comparable to that of other juveniles in the community;
(F) provided individual space in the foster home for the juvenile's personal possessions and a reasonable degree of privacy.
(i) The juvenile has the right to bring, possess, and acquire personal belongings subject only to reasonable household rules and the Individual Treatment and Service Plan (ITSP).
(ii) Personal belongings are sent with the juvenile when the juvenile leaves the home;
(G) expected to perform only household tasks that are within the child's abilities, reasonable for the child's age, and similar to those expected of other household members of comparable age and ability;
(H) given guidance in managing money.
(i) Money earned by the juvenile or received as a gift or allowance is the juvenile's personal property.
(ii) The juvenile is not required to use earned money to pay for room and board, unless it is a part of the ITSP and approved by the parent or custodian and the agency;
(I) allowed privacy in writing, sending, or receiving correspondence, unless restricted by the ITSP;
(J) not denied meals as punishment;
(K) not subjected to remarks that belittle or ridicule the juvenile or the juvenile's family;
(L) allowed to visit with the juvenile's family, in accordance with the service plan;
(M) not forced to acknowledge dependency on OJA or foster home or gratitude to them;
(N) given the opportunity, at the juvenile's or OJA's request, for private conversation with OJA's staff members who are responsible for the juvenile's supervision; and
(O) provided educational opportunities in accordance with the juvenile's plan of care.
377:10-7-4. Therapeutic foster care (a) As authorized by 10 O.S. §§ 7302-6.6 (D), 7204, and 7205, as amended theThe Office of Juvenile Affairs may contract with a licensed child-placing agency for the provision of therapeutic foster care services to OJA-custody juveniles. A therapeutic foster home is a foster family home, which provides specific services to eliminate social and behavioral problems of a juvenile placed in the home.
(b) Rules regarding eligible providers, admission requirements, description of required services, and the Title XIX payment rate are found in Title 317, the Oklahoma Health Care Authority [17:30-5-740, 317:30-5-741(5)(D), 317:30-5-742, 317:30-5-473, and 317:30-5-475]. In addition to the requirements of the Oklahoma Health Care Authority, therapeutic foster homes shall meet, at a minimum, the standards required by the Oklahoma Child Care Facility Licensing Act, found in OAC 340:110-5, Part 5, and OJA foster home standards listed in OAC 377:10-7-3(d)(e).
(c) In working with therapeutic foster families, the child placing agencyOJA shall abide by the provisions of the Oklahoma Foster Care and Out-of-Home Placement Act.
377:10-7-5. Specialized community home (a) General provisions. A specialized community home (SCH) is a community-based, family-structured home for up to five OJA-custody juveniles. A SCH shall be operated by, and in the home of, a professional, contracted social service provider. The contractor shall provide an intensive, individually-focused, therapeutic intervention program of social services in addition to basic residential care. The contractor shall also provide counseling, educational opportunity, employment opportunity, cultural enrichment, and independent living skills training consistent with each juvenile's treatment plan. The SCH contractor's full-time job shall be to operate the specialized community home and provide services.
(b) Foster family care standards. An applicant, to become a specialized community home provider, shall submit a program proposal to the Executive Director or the affected division administrator, and meet the requirements listed in 10 O.S., § 7204, as amendedOAC 377:10-7-3. A specialized community home operator shall meet, at a minimum, the standards required by the Oklahoma Child Care Facility Licensing Act, found in OAC 340:110-5, Part 5, and OJA foster home standards listed in OAC 377:10-7-3.
(c) Program proposal. An applicant shall address each of the criteria listed in (1)-(16) of this subsection in the applicant's written program proposals.
(1) Previous child care experience. The applicant shall provide a description of the applicant's previous child care experience with the target population described.
(2) Educational background and abilities of the applicant. The applicant shall provide information regarding the applicant's formal education, training, and abilities. The applicant shall describe how the education enhances his or her ability to successfully operate this program.
(3) Adaptability. The applicant shall describe in writing how he or she may adapt to meet the needs of juveniles referred to the program.
(4) Behavior management. The applicant shall describe in writing his or her philosophy of behavior management methods and its applicability to the proposal population.
(5) Effect on other family members. The applicant shall provide information on the effect, if any, becoming a specialized community home will have on family members and the plan to minimize any risk potential that may exist.
(6) Role of the spouse. The applicant shall describe in writing the role which a spouse, present in the home, will play in the overall operation of the specialized community home.
(7) Overall plan of service delivery. The applicant shall provide a written plan of service delivery. The applicant shall answer the following questions:
(A) What types of services will be directly provided and in what manner; and
(B) What will be accessed from the community?
(8) Relief/respite care. The applicant shall provide an outline of the plan for relief/respite care arrangements.
(9) Community/school system acceptance. The applicant shall describe the community/school system tolerance level for the type of juveniles proposed for placement.
(10) Facility. The applicant shall provide information regarding whether the home is adequate to accommodate four juveniles in addition to the applicant's own family. Upon written approval from the Executive Director or the affected division administrator, a home may be certified for five juveniles in addition to the applicant's own family.
(11) Recreational resources. The applicant shall provide a written description of and a plan for using available recreational resources.
(12) Educational resources. The applicant shall provide a description of available State Board of Education certified educational resources, including vocational education and special education.
(13) Independent living. The applicant shall have a plan to assess and teach independent living skills to juveniles 16 years of age and older.
(14) Employment resources. The applicant shall describe plans to teach job skills and access employment resources. The applicant shall identify transportation resources.
(15) Community resources. The applicant shall provide information regarding the availability of community resources and the applicant's plan for accessing community resources.
(16) Transportation. The applicant shall advise whether he or she can provide transportation for the juveniles.
(d) OJA staff participation. OJA staff may not participate in writing program proposals.
(e) Role expectations of the specialized community home operator. OJA may require specific training for the SCH prior to placing a juvenile in the home. Specialized community home (SCH) contractors shall annually obtain 21 hours of training regarding working with juveniles. All SCH contractors and their spouses shall receive training in an approved system for managing aggressive and non-aggressive acting-out behavior. Contractors shall attend OJA mandatory meetings held twice yearly, as well as any additional required training. Contractors shall receive training hours for attending the required meetings.
(f) Responsibilities of the specialized community home contractor. The Office of Juvenile Affairs shall set forth specific responsibilities of the specialized community home operator in the contract between OJA and the contractor. OJA staff shall ensure that contractors meet all contractual requirements.
377:10-7-7. Kinship foster care (a) Any responsible adult with whom a juvenile has a kinship relationship as defined in 10 O.S. § 7203, as amended may apply to become a kinship foster home for that juvenile.
(b) An OSBI criminal history records search must be completed and a national criminal history records search based on fingerprints initiated before a family is certified as a foster home.
(c) The worker shall complete a foster home study on kinship foster parents. Kinship foster parents must meet the standards set forth in OAC 377:10-7-3.
(d) A foster parent providing kinship care shall, if possible, complete the training before the juvenile is placed. If training is not possible before placement, the kinship foster parent must receive the training no later than three months after placement. Training requirements are listed in OAC 377:10-7-3(D)(2).
Title 10A O.S., § 7304-1.12-3-101 et. seq., provides for the detention of juveniles. Title 10A O.S., § 7306-2.42-5-204(D) provides for the detention of youthful offenders. Title 10A O.S. § 7304-1.32-3-103(dD) authorizes the Board of Juvenile Affairs to establish a plan for secure and non-secure detention services.
PART 7. INDEPENDENT AND TRANSITIONAL LIVING 377:10-7-40. General provisions Title 10A, O.S., § 7303-5.22-2-502(3B)(d4) authorizes the Office of Juvenile Affairs to provide any juvenile age 16 or older and placed out-of-home, independent living services. All OJA facilities and contract residential facilities shall provide each juvenile placed with a standardized independent living assessment.
377:10-7-41. Independent living programs Independent living programs, as defined by 10A O.S., § 7301-1.32-1-103, are programs and services, which assist juveniles to enhance skills and abilities required for adult living. In addition to minimum staff supervision, independent living services include:
(1) assisting juveniles in making arrangements for a place to live;
(2) completing a juvenile's education or vocational training;
(3) obtaining employment; and
(4) other independent living services as needed.
377:10-7-42. Transitional living programs (a) A transitional living program, as discussed in 10A O.S., § 7301-1.32-1-103, is a residential program designed to assist OJA-custody juveniles in acquiring abilities and skills needed for successful adult living. Although transitional living programs may be attached to existing facilities, transitional living programs are not required to be part of another program.
(b) In addition to providing less staff supervision than in group home or institutional programs, transitional living programs shall provide, at a minimum, the following services:
(1) vocational and educational;
(2) employment training and employment; and
(3) other appropriate independent living skills.
(c) The Office of Juvenile Affairs considers a transitional living program, not attached to a facility, a supervised independent living center.
PART 9. CONTRACTED SERVICES (a) Title 10A, O.S., § 7302-3.52-7-305 provides that OJA may contract for provision of services to juveniles and families. When resources allow, OJA may offer contracted services to duly constituted Juvenile Bureaus (10A O.S., § 7305-1.12-4-101). However, when service capacity is limited, OJA shall give priority to custody juveniles.
(b) Contract services include:
(1) educational and vocational assessments and services;
(2) substance abuse assessments and interventions;
(3) non-residential substance abuse assessment and interventions;
(4) non-residential diagnostic and evaluation services;
(5) wraparound services focused on the juvenile and family; and
(6) tracking services.
SUBCHAPTER 11. Child in Need of Mental Health Treatment 377:10-11-1. Child in need of Mental Health Treatment The Office of Juvenile Affairs may provide for the care of a child who is in the custody of the Office of Juvenile Affairs and found by a court to be a child in need of mental health or substance abuse treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Children Act, [Title 43A. § 5-501 through 5-513], as required by 10A O.S., § 7303-8.42-2-804, as amended. For Medicaid eligible juveniles who are wards of
the court and in the custody of, or under, the supervision of the Office of Juvenile Affairs, OJA employees shall follow applicable rules as promulgated by the Oklahoma Health Care Authority that govern Medicaid reimbursement for inpatient care.
SUBCHAPTER 13. Regimented Juvenile Training Program Standards PART 1. GENERAL PROVISIONS Statutory authority for the Office of Juvenile Affairs to establish standards for the regimented juvenile training program (RJTPs), including an intensive physical training and discipline phase and a community reintegration phase, is located in 10A O.S., 7302-6.92-7-609.
PART 17. SECURITY AND CONTROL 377:10-13-89. Juvenile rights (a) RJTP policies and procedures shall comply with 10A O.S., §7302-6.3 2-7-603, regarding rules, policies, and procedures required in facilities.
(b) Each juvenile shall have the right to receive individualized care and treatment in the least restrictive setting consistent with the juvenile's care and treatment needs and, in the case of a delinquent juvenile, with the protection of the public. This means that:
(1) Juveniles are entitled to be protected and cared for in a safe, caring, and humane environment;
(2) Services provided to juveniles shall be based upon the individualized needs of each juvenile, as determined by comprehensive assessment and evaluation, flexible, and available when needed for juveniles throughout the state. Juveniles shall be provided the programs and services reasonably necessary to implement each juvenile's individual service plan;
(3) Services provided to juveniles shall be family-based whenever possible;
(4) A full range of community-based program options must be a part of an overall continuum of care so as to implement the least restrictive placement for juveniles that is consistent with their needs and additionally, in the case of delinquents, with public safety;
(5) In determining the appropriate placement of juveniles, the presumption shall be that the juvenile's best interests are served by remaining in his or her own home or home community with necessary services to be provided there;
(6) Placement of juveniles in residential settings shall occur only after all non-residential alternatives have been attempted or considered, and placement of juveniles in secure or highly restrictive residential settings shall occur only after less restrictive residential settings have been attempted or considered;
(7) Brief psychiatric hospitalization for the short-term crisis stabilization of juveniles shall be the primary use of inpatient psychiatric care. Inpatient psychiatric care shall not be used for chemical dependency treatment unless the juvenile is psychotic, suicidal, or dangerous and cannot be stabilized in a less restrictive placement;
(8) Residential services shall be provided, whenever possible, in small, homelike, community-based facilities rather than larger, self-contained units; and
(9) When juveniles are placed in residential care, multiple residential placements shall be avoided to achieve placement stability. The length of stay in non-community-based residential care shall be as brief as possible.
377:10-13-90. Use of force (a) Title 10A O.S., §7302-6.4 2-7-604, prohibits the use of physical force in institutions and otherRegimented Juvenile Training facilities operated by or contracted with OJA except:
(1) when necessary for self-protection;
(2) to separate juveniles who are fighting;
(3) to restrain juveniles who have escaped or are in the process of escaping; and
(4) to restrain juveniles who are in danger of harming themselves or others.
(b) In every case, the amount of force used shall be the least amount necessary.
(c) Medical attention shall be provided immediately upon the juvenile's release from restraint even if there is no visible evidence or complaint of injury.
If necessary, medical attention may be provided by a licensed physician, licensed practical nurse, registered nurse, physician's assistant, or emergency medical technician.
Prior to the end of the shift in which the incident took place, any staff member who applies physical force shall submit a written report about the incident to the facility director.
(d) The facility shall give written guidelines to staff on the use of physical force, further stating that, in accordance with staff disciplinary procedures, loss of employment may result if unauthorized use of physical force is proven.
(e) Physical force may never be used as punishment or retaliation.
(f) Facility staff shall not permit any person to use physical force contrary to policy.
(g) Staff members shall not provoke physical confrontation by taunting, harassing, or otherwise manipulating a resident into behavior which would justify physical force.
(h) The use of chemical agents to control juveniles is prohibited.
[OAR Docket #11-852; filed 6-3-11]
TITLE 377. Office of Juvenile Affairs CHAPTER 15. Community-Based Youth Services PERMANENT final adoption
Subchapter 1. General Provisions
377:15-1-2 [AMENDED]
Subchapter 5. Designation of Community-Based Youth Services Agencies
377:15-5-2 [AMENDED]
377:15-5-4 [AMENDED]
Board of Juvenile Affairs, pursuant to 10A O.S., Section 2-7-101 (H) and (I).
Comment period:
December 1, 2010 through January 2, 2011
Public hearing:
January 5, 2011
Adoption:
January 21, 2011
Submitted to Governor:
January 26, 2011
Submitted to House:
January 26, 2011
Submitted to Senate:
January 26, 2011
Gubernatorial approval:
March 3, 2011
Legislative approval:
Failure of the Legislature to disapprove resulted in approval on April 5, 2011
Final adoption:
April 5, 2011
Effective:
July 15, 2011
SUPERSEDED EMERGENCY ACTIONS: N/A
INCORPORATIONS BY REFERENCE: N/A
Rule amendments are primarily due to non-substantive citation changes within the Oklahoma State Statutes, as per House Bills 2028 and 2029 (2009).
Jlynn Hartman, Director of Government Relations, OJA, 3812 N. Santa Fe Ave., Ste. 400, Oklahoma City, OK 73118, (405) 530-2866.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY
ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF JULY 15, 2011: SUBCHAPTER 1. General Provisions 377:15-1-2. Authority, legal basis, and scope (a) The Division of Community-based Youth Services operates under the authority of 10A O.S., §§7302-3.3 2-1-103(9), 2-1-103(11), 2-7-202, 7302-2.22-7-303, 7302-3.52-7-305 and 7302-3.6.a2-7-306.
(b) The Division of Community-based Youth Services shall plan and coordinate the contracting of delinquency prevention and treatment services with designated youth services agencies. OJA shall enter into such contracts for the development, implementation and operation of community-based delinquency prevention, diversion, and service programs, consistent with state statutes.
SUBCHAPTER 5. Designation of Community-Based Youth Services Agencies 377:15-5-2. Application for "Youth Services Agency" designation The applicant for designation as a youth services agency shall submit an application to the Board of Juvenile Affairs on a form prescribed by the Board, as set forth in 10A O.S., § 7302-3.6.a2-7-306(A)(7). The applicant shall submit the application to the Secretary to the Board of the Office of Juvenile Affairs, 3812 N. Santa Fe, Suite, 400, P.O. Box 268812, Oklahoma City, OK. 73126-8812. OJA shall enter into such contracts for the development, implementation and operation of community-based delinquency prevention, diversion, and service programs, consistent with state statutes.
377:15-5-4. Requirements for the Application (a) The applicant shall describe in detail all aspects of direct community participation in the planning, operation and evaluation of the community-based youth services and programs.
(b) The applicant shall describe in detail:
(1) its capability to deliver all or part of the compensable services set forth in Title 10A O.S., § 7302-3.32-7-303; core community-based services, as defined in 10A O.S., § 7301-1.3(9)2-1-103(11); or other community-based facilities, programs, or services designated by the Board of Juvenile Affairs as core community-based services.
(2) if applicable, its capability to deliver all or part of the compensable children's services that the Department of Human Services is authorized to provide for by contract with a private agency.
(3) its ability to provide adequate and qualified staff for the services it may provide.
(4) its capability to meet the need for adequate services in its primary catchment area or other areas which it may serve.<
