following words and terms when used in this Subchapter shall have the following
meanings, unless the context clearly indicates otherwise:
"Abandonment" means the willful
intent by words, actions, or omissions of the person responsible for the
child's (PRFC) health, safety, or welfare not to return for a child per
Oklahoma Administrative Code (OAC) 340:75-3-120 and Section 1-1-105 of Title
10A of the Oklahoma Statutes (10A O.S. § 1-1-105).
"Abuse" means, with
children, harm or threatened harm or failure to protect from harm or threatened
harm to the health, safety, or welfare of a child by a PRFC including, but not
limited to: • 1
(i) non-accidental • 2 physical injury • 3 & 4 or mental injury; or • 5
mental injury; or
sexual abuse; or
sexual exploitation; or
vulnerable adults, causing or
(i) infliction of physical pain, injury, sexual
abuse, sexual exploitation, unreasonable restraint or confinement, or mental
(ii) deprivation of nutrition, clothing, shelter,
health care, or other care or services by a caretaker or other person providing
services to a vulnerable adult without which serious physical or mental injury
is likely to occur.
means, with regard to:
children in Oklahoma Department of Human Services (DHS) custody living in a
private, residential facility, the facility's chief administrative officer;
children in DHS custody living in a DHS-operated shelter or group home, the
shelter or group home director;
children in DHS custody living in any other setting, including any type of
out-of-home placement, the applicable DHS district director;
foster care parents, the applicable DHS district director or deputy director;
children in residential care facilities operated by the Oklahoma Department of
Rehabilitation Services (ODRS), facilities that contract with or are licensed
by the Oklahoma Office of Juvenile Affairs (OJA), with the exception of OJA-operated
secure facilities, the Oklahoma Department of Mental Health and Substance Abuse
Services (ODMHSAS), the J.D. McCarty Center or DHS and other residential care
facilities, the superintendent, director, chief administrative officer, or head
of the facility regardless of the person's working title;
day treatment programs, the person charged with responsibility for program
adults and children who are in Developmental Disabilities Services (DDS)
specialized foster care and DDS specialized foster care parents, the applicable
DDS area manager;
residents of the Robert M. Greer Center (Greer) facility director;
providers of residential services, vocational services, or in-home
paraprofessional supports to individuals with developmental disabilities living
in the community, the provider's chief executive officer; and
residents of group homes for persons with developmental disabilities, the group
"Advocate" means an Office
of Client Advocacy (OCA) employee who provides assistance to OCA clients in
exercising their rights, listening to their concerns, encouraging them to speak
for themselves, seeking to resolve their problems, helping protect their
rights, and seeking to improve the quality of their lives and care.
"Advocate general" means the OCA
chief administrative officer designated in 10A O.S. § 1-9-112(A)(2).
"Age-appropriate" or "developmentally-appropriate"
(A) activities or items that are generally accepted
as suitable for children of the same age or level of maturity or that are
determined to be developmentally-appropriate for a child, based on the
development of cognitive, emotional, physical, and behavioral capacities that
are typical for an age group; and
(B) in the case of a specific child, activities or
items that are suitable for that child based on the developmental stages
attained by the child with respect to the cognitive, emotional, physical, and
behavioral capacities of the specific child per 10A O.S. § 1-1-105.
"Area(s) of Concern" or "AOC" means issues that do
not rise to the level of a confirmed finding, but may constitute possible
deficiencies, irregularities, or deviations from policies and best
practices. AOCs are brought to the
attention of the provider for informational purposes or for appropriate
corrective action, if applicable.
"Behavioral health" means mental
health, substance use or abuse, or co-occurring mental health and substance use
or abuse diagnoses, and the continuum of mental health, substance use or abuse,
or co-occurring mental health and substance use or abuse treatment.
"Caretaker" means, with
regard to vulnerable adults, a person
(A) has the responsibility for the care of a
vulnerable adult or the financial management of the resources of a vulnerable
adult as a result of a family relationship;
(B) assumed the responsibility for the care of a
vulnerable adult voluntarily, by contract, or as a result of the ties of
(C) was appointed a guardian, limited guardian, or
conservator per the Oklahoma Guardianship and Conservatorship Act.
"Caretaker misconduct" means an act or
violates a statute, regulation, written rule, policy, procedure, directive, or
accepted professional standards and practices;
is not found to be abuse or neglect; and
results in, or creates the risk of harm to a child, or to a vulnerable adult
residing at Greer; and includes, but is not limited to:
(i) acts or omissions that contribute to the delinquency of a child;
unintentionally excessive or unauthorized use of force not rising to the level
of abuse or neglect;
(iii) unintentionally causing mental anguish;
other acts exposing a vulnerable adult residing at Greer or a child to harm or
threatened harm to his or her health, safety, or welfare; or
use of abusive or professionally inappropriate language not rising to the level
of verbal abuse.
"Case manager" means the person
assigned by DDS who has responsibility for ensuring that services to an
individual are planned and provided in a coordinated fashion.
"Child" means any
unmarried person younger than 18 years of age,
except any person convicted of a crime specified in 10A O.S. § 2-5-101
or any person certified as an adult per 10A O.S. § 2-2-403 and convicted of a
"Child Care Restricted Registry" also known as "Joshua's List" means the
Registry created in accordance with 10 O.S. § 405.3, for the purpose of
recording individuals who have a:
substantiated finding of abuse or neglect, per 10A O.S. § 1-1-105, by an
individual when the abuse or neglect occurred to a child while in the care of a
child care program licensed by DHS or by an adult in a family child care home
when the adult's presence is incidental to the operation of the family child
denial or revocation of a child care program license; and
specified criminal history of an individual, per OAC 340:110-1-10.1.
"Child-placing agency" means an agency
that arranges for or places a child in a foster family home, group home,
adoptive home, or a successful adulthood program per 10 O.S. § 402.
"Child with a disability" means any child
who has a physical or mental impairment that substantially limits one or more
of the major life activities of the child or who is regarded as having such
impairment by a competent medical professional.
"Client" means, with
regard to OCA:
investigative services: individuals
listed in OAC 340:2-3-32(a)(2);
grievance services: individuals listed
in OAC 340:2-3-45(a)(2); and
advocacy program: individuals listed in
"Community-based services" or "community-based programs"
mean services or programs that maintain community participation or supervision
in planning, operation, and evaluation.
Community-based services and community-based programs may include, but
are not limited to:
early intervention and diversionary substance abuse treatment;
sexual abuse treatment;
transition to successful adulthood;
vocational, social, preventive, and psychological guidance;
volunteer recruitment and training; and
other related services and programs.
"Community services worker" or "CSW" means any person:
other than a licensed health professional who is employed by or under contract
with a community services provider to provide, for compensation or as a
volunteer, health-related services, training, or supportive assistance per 56 O.S. § 1025.1, to persons with developmental disabilities; or
who contracts with the Oklahoma Health Care Authority to provide specialized
foster care, habilitation training specialist services, or homemaker services
to persons with developmental disabilities.
"Community Services Worker
Registry" or "CSW Registry"
means the Registry established by DHS per 56 O.S. § 1025.3.
"Complaint" means a report
communicating a grievance, concern, or perceived harm, submitted by phone,
email, or in writing by the foster parent to the Office of Juvenile System
Oversight (OJSO) of the Oklahoma Commission of Children and Youth (OCCY). If not submitted in writing, the complaint is
entered into the written format established by OCA and OJSO.
Contractor's employee" means an employee
of a contractor, provider, or facility when the employee is the accused person
responsible for the child of interest (PRFCI) or the vulnerable adult caretaker
(VAC) in an investigation opened by OCA.
"Custodian" means an
individual other than a parent, legal guardian, or Indian custodian, to whom
legal custody of the child was awarded by the court. The term "custodian" does not mean
"Day treatment program" means a
non-residential, partial hospitalization program, or day hospital program where
children are provided intensive services, such as psychiatric or psychological
"DHS" means the
Oklahoma Department of Human Services.
differential treatment, such as conduct, actions, or decisions based on race,
color, national origin, sex, religion, age, or disability, unless authorized by
law per OAC 340:1-11-1.1.
"Disposition" means with regard
to OCA intake processes, the OCA intake unit action taken in response to a
referral received, per OAC 340:2-3-35.
"DMHSAS" or "ODMHSAS" means the Oklahoma
Department of Mental Health and Substance Abuse Services.
"DRS" means the
Oklahoma Department of Rehabilitation Services.
"Educational employee" means an employee
of a school district, providing contract educational services on-site at a
facility, who is either a witness or the accused PRFCI or VAC in an OCA
"Emergency" means a situation in which a person is likely to
suffer death or serious physical harm without immediate intervention.
"Emergency custody" means
court-ordered custody of a child prior to adjudication of the child.
"Exploit" or "exploitation" with regard to
vulnerable adults means an unjust or
improper use of the resources of a vulnerable adult for the profit or
advantage, pecuniary or otherwise, of a person other than the vulnerable adult
through the use of undue influence, coercion, harassment, duress, deception,
false representation, or false pretense.
a public or private agency, corporation, partnership, or other entity that:
operates a residential child care center; or
contracts with, or is licensed or funded by DHS, the Oklahoma Office of
Juvenile Affairs (OJA), or ODMHSAS for the physical custody, detention, or
treatment of children;
a DHS-operated shelter;
a DHS-, ODMHSAS-, or DRS-operated residential child care program;
a community-based youth services shelter or community intervention center;
the J.D. McCarty Center;
a day treatment program;
a private psychiatric facility for children;
sanctions programs certified by OJA to provide programming for children who are
court ordered to participate in that program; or
neglect" with regard to vulnerable adults, means repeated instances by a caretaker or other person, who has assumed the
role of financial management, of failure to use the resources available to
restore or maintain the health and physical well-being of a vulnerable adult,
including, but not limited to:
(A) squandering or negligently mismanaging the
money, property, or accounts of a vulnerable adult;
(B) refusing to pay for necessities or utilities in
a timely manner; or
(C) providing substandard care to a vulnerable
adult despite the availability of adequate financial resources.
"Force" with regard to:
"authorized use of physical force" by a PRFC with regard to a child
residing outside of his or her home, other than a child in foster care means:
the use of physical contact to control or contain a child when the PRFC
reasonably considers him or her to:
pose a risk of inflicting harm to himself or herself or others; or
be in the process of leaving a facility without authorization; and
when the use of physical force is authorized, the least force necessary under
the circumstances is employed;
"excessive use of force" by a PRFCI with regard to a child residing
outside of his or her home, other than a child in foster care, means the
failure to employ the least amount of physical force necessary under the
circumstances, taking into consideration all of the circumstances surrounding
the incident, including the:
grounds for belief that force was necessary;
ages, genders, and strengths of the parties involved;
nature of the force employed;
availability of alternative means of force or control;
extent of the inflicted harm; and
provider's established method(s) of restraint and intervention for use with the
child against whom the force was used, consistent with the child's
individualized plan, protective intervention plan, or treatment plan; and
"unauthorized use of force" by a PRFCI with regard to a child
residing outside of his or her home, other than a child in foster care, means a
use of force that is not an authorized use of physical force per this
Section. Unauthorized use of force
includes unacceptable physical handling of and contact with a child including,
but not limited to, slapping, kicking, punching, poking, pulling hair or an
ear, pinching, using a chokehold, smothering, spitting, head butting, and
"Foster care" or "foster care services" means
continuous 24-hour care and supportive services provided for an individual in a
foster placement including, but not limited to, the care, supervision, guidance,
and rearing of a foster child by the foster parent.
"Foster child" means a child
placed in a foster family placement.
"Foster parent" means any person
maintaining a therapeutic, emergency, specialized community, tribal, kinship,
or foster family home, responsible for providing care, supervision, guidance,
rearing, and other foster care services to a child.
"GARC" means the
Grievance and Abuse Review Committee per OAC 340:2-3-61.
"Group home for persons with
developmental or physical disabilities" means a facility:
(A) for not more than 12 residents who:
(i) are 18 years of age or older; and
(ii) have developmental or physical disabilities;
that offers or provides supervision, residential accommodations, food service,
and training and skill development opportunities designed to lead to residents'
increased independence and supportive assistance to residents requiring
supportive assistance; and
that is not:
a residential care home;
a nursing facility;
an assisted living facility;
a home where agency companion services or specialized foster care is provided;
a home owned or leased by the service recipient or his or her legal guardian.
"Guardian" means a person
appointed by a court to ensure the essential requirements for the health and
safety of an incapacitated or partially incapacitated person, the ward, are
met, to manage the estate or financial resources of the ward, or both. As used in this Subchapter, guardian
includes: a general or limited guardian
of the person; a general or limited guardian of the estate; a special guardian;
and a temporary guardian. The term does
not include a person appointed as guardian ad litem.
"Guardian ad litem" or "GAL" means a person
appointed by a court, per 10A O.S. § 1-1-105, to represent the interests of an individual as specified in the court
"Harm or threatened harm to the health,
safety, or welfare" means, with regard to a child, any real or
threatened physical, mental, or emotional injury or damage to the body or mind that
is not accidental including, but not limited to, sexual abuse, sexual
exploitation, neglect, or dependency. • 2 & 6
"Heinous and shocking abuse" means abuse that
includes, but is not limited to, aggravated physical abuse that results in
serious bodily, mental, or emotional injury.
Serious bodily injury means, but is not limited to, injury that
substantial risk of death;
extreme physical pain;
loss or impairment of a function of a body member, organ, or mental faculty;
an injury to an internal or external organ or the body;
sexual abuse or sexual exploitation;
chronic abuse including, but not limited to, physical, emotional, or sexual
abuse, or sexual exploitation that is repeated or continuing;
torture including, but not limited to, inflicting, participating in or
assisting in inflicting intense physical or emotional pain upon a child
repeatedly over a period of time for the purpose of coercing or terrorizing a
child or for the purpose of satisfying the craven, cruel, or prurient desires
of the perpetrator or another person; or
any other similar aggravated circumstance.
"Heinous and shocking neglect" means neglect
that includes, but is not limited to:
chronic neglect that includes, but is not limited to, a persistent pattern of
family functioning in which the caregiver has not met or sustained the basic
needs of a child that results in harm to the child;
neglect that has resulted in a diagnosis of the child as an inorganic failure
an act or failure to act by a parent that results in:
serious physical or emotional harm;
sexual abuse or sexual exploitation;
death or near death of a child or sibling; or
presents an imminent risk of serious harm to a child; or
any other similar aggravating circumstance.
"Hissom class member" means an
individual certified by the United States District Court for the Northern
District of Oklahoma as a member of the plaintiff class in Homeward Bound,
Inc., et al. vs. Hissom Memorial Center, et al., Case No. 85-CV-437-GKF.
"Hotline" means the statewide Oklahoma Abuse and Neglect
Hotline, toll free phone number, maintained by DHS for the purpose of receiving
reports of abuse, neglect, or exploitation of children and vulnerable
adults. The Hotline operates 24 hours a
day, seven days a week, 365 days a year.
"Incapacitated person" means a person:
18 years of age or older who is impaired by reason of mental or physical
illness or disability, dementia, or related disease, intellectual disability,
developmental disability, or other cause, and whose ability to receive and
evaluate information effectively or to make and communicate responsible
decisions is impaired to such an extent the person lacks the capacity to manage
financial resources or meet essential requirements for mental or physical
health or safety without assistance from others; or
for whom a guardian, limited guardian, or caretaker has been appointed per the
Oklahoma Guardianship and Conservatorship Act per O.S. 30 § 1-111.
"Indecent exposure" means forcing or requiring a vulnerable adult to:
(A) look upon the body or private parts of
another person or upon sexual acts performed in the presence of the vulnerable
(B) touch or feel the body or private parts
"Infant" means a child who
is 12 months of age or younger, per 10A O.S. § 1-1-105(36).
supports" or "IHS" means services funded through Medicaid Home
and Community-Based Waivers (HCBW) per Section 1915(c) of the Social Security
Act and administered by DHS DDS, provided in the service recipient's home, and
are not residential services per OAC 340:100-5-22.1 or group home services per 10 O.S. § 1430.2.
"Injury" means any hurt,
harm, appreciable physical pain, or mental anguish.
"Intermediate Care Facility for the
Intellectually Disabled" or
"ICF/ID" also known as a "specialized
facility for the intellectually disabled," means a private or public
residential facility, licensed per state law and certified by the federal
government as a provider of Medicaid services, for intellectually disabled
persons as defined in Title XIX rules and regulations of the Social Security
"Investigation" means, regarding
child, per 10A O.S. § 1-1-105(38), a response to an allegation of abuse or
neglect that involves a serious and immediate threat to the safety of a child,
making it necessary to determine:
the current safety of the child and the risk of subsequent abuse or neglect;
if abuse or neglect of the child occurred; or
vulnerable adult, a response to an allegation of abuse, neglect, verbal abuse,
financial neglect, or exploitation of a vulnerable adult, making it necessary
to determine if maltreatment of the vulnerable adult occurred.
results" means a written response stating one of the following findings:
regarding a child:
"substantiated" means OCA determined, after an investigation of a
report of child abuse or neglect and based upon some credible evidence, that
child abuse or neglect occurred;
"unsubstantiated" means OCA determined, after an investigation of a
report of child abuse or neglect, that insufficient evidence exists to fully
determine if child abuse or neglect occurred; or
"ruled out" means OCA determined, after an investigation of a report
of child abuse or neglect that no child abuse or neglect occurred; or
regarding a vulnerable adult:
"substantiated" means that the preponderance of the available
evidence establishes the alleged maltreatment occurred;
"not substantiated" means the preponderance of the available evidence
indicates the alleged maltreatment did not occur; or
"ruled out" means no evidence was discovered indicating the alleged
"Maltreatment" means abuse,
verbal abuse, sexual abuse, neglect, financial neglect, or exploitation or
sexual exploitation of vulnerable adults per 43A O.S. § 10‑103; or abuse,
neglect, sexual abuse or sexual exploitation of children per 10A O.S. § 1-1-105.
"Medicaid personal care assistant" or "MPCA"
means a person who provides Medicaid services funded under Oklahoma's personal
care program and is not a certified nurse aide or a licensed professional.
"Mental anguish" means mental
damage evidenced by distress, depression, withdrawal, severe anxiety, or
unusually aggressive behavior toward one's self or others.
"Mental health facility" means a mental
health or substance abuse treatment facility per the Inpatient Mental Health
and Substance Abuse Treatment of Minors Act per 43A O.S. § 5-502(10).
"Minor physical injury" means a
demonstrable injury reasonably expected to be treated with the administration
of first aid, over the counter remedies, or both. A
demonstrable injury includes damage to bodily tissue caused by
non-therapeutic conduct, illness, a new or an increased impairment of physical
or cognitive functioning, or evidence of a physical injury, such as a
laceration, bruise, or burn, or an injury confirmed by a licensed health care
"Multidisciplinary child abuse
team" means any team established per 10A O.S. § 1-9-102 of three or more
persons who are trained in the prevention, identification, investigation,
prosecution, and treatment of physical and sexual child abuse and who are
qualified to facilitate a broad range of prevention and intervention-related
services related to child abuse.
"Near death" means a child is
in serious or critical condition as verified by a licensed health care
professional. Verification may be given
in person or by phone, mail, email, or fax.
"Neglect" means in regard
children: • 7
the failure or omission to provide any of the following:
adequate nurturance and affection, food, clothing, shelter, sanitation,
hygiene, or appropriate education;
(II) medical, dental, or behavioral health
care; • 8
(III) supervision or appropriate
caretakers; or • 9
special care made necessary by the physical or mental condition of the child;
the failure or omission to protect a child from exposure to any of the
the use, possession, sale, or manufacture of illegal drugs;
sexual acts or materials that are not age-appropriate; or
the failure to provide protection for
a vulnerable adult who is unable to protect his or her own interest; • 10 & 11
the failure to provide a vulnerable
adult with adequate shelter, nutrition, health care, or clothing; or
negligent acts or omissions that
result in harm or the unreasonable risk of harm to a vulnerable adult through
the action, inaction, or lack of supervision by a caretaker providing direct
"OCA" means the DHS
Office of Client Advocacy.
"OCA intake" means the
OCA-maintained, centralized intake system that receives referrals of alleged
abuse, neglect, verbal abuse, financial neglect, and financial exploitation
involving vulnerable adults.
"OJA" means the
Oklahoma Office of Juvenile Affairs.
"Ombudsman" or "ombuds" means an advocate.
"Person responsible for the child's
(PFRC) health, safety, or welfare" means an agent or employee of:
a public or private residential home, institution, or facility above the level
of foster family care;
a day treatment program per 10 O.S. § 175.20;
an owner, operator, or employee of a child care program per 10 O.S. § 402; or
any other adult residing in the home of the child.
"Person responsible for the child of
interest (PRFCI)" means a person responsible for the child who is
the subject of an investigation involving allegations of abuse or neglect.
"Personal support team" or "team," formerly known as the "interdisciplinary team,"
means the decision-making body for service planning, implementation, and
monitoring of the individual plan, per OAC 340:100-5-52.
"Plan for Immediate Safety" means the plan
for actions taken to immediately control any significant and clearly observable
condition that is present and is endangering or threatening to endanger a child
or vulnerable adult.
"Preponderance of the evidence" means information
or evidence is of a greater weight or is more convincing than the information
or evidence offered in opposition. The
degree of proof that is more probable than not.
"Problem resolution" means verbal or
written communications that seek to resolve concerns, complaints, service
inadequacies, or issues identified by the client or members of the client's
team, including the client's guardian, the OCA advocate for the client,
volunteer advocate for the client, and/or other persons interested in the
"Protective custody" means custody of
a child taken by law enforcement or designated employee of the court, without a
"Provider" means a program,
corporation, partnership, association, individual, or other entity that
contracts with or is licensed or funded by DHS to provide community-based
residential or vocational services to persons with intellectual or
developmental disabilities; or contracts with the Oklahoma Health Care
Authority to provide residential or vocational services or in-home supports to
individuals with intellectual or developmental disabilities through HBCW.
"Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental
decisions that maintain the health, safety, and best interests of a child while
at the same time encouraging the emotional and developmental growth of the
child. This standard is used by the
child's caregiver when determining whether to allow a child to participate in
extracurricular, enrichment, cultural, and social activities per 10A O.S. § 1-1-105. For purposes of this
definition, the term "caregiver" means a foster parent with whom a
child in foster care has been placed, a representative of a group home where a
child in foster care has been placed, or a designated official for a
residential child care program where a child in foster care has been placed.
"Referring party" means the individual who informs OCA, calls
the Hotline, or reports in writing that an incident occurred.
"Reportable incident" means an incident
that must be reported because the person reporting knows or has reasonable
cause to believe or suspect that a child or vulnerable adult was subjected to
abuse or neglect.
"Reporting party" means the individual who initially tells
someone verbally or in writing that an incident occurred.
"Residential child care facility" means a
24-hour-a-day residential group care facility where a specified number of
children, normally unrelated, reside with adults other than their parents.
"Risk" means the
likelihood that an incident of child abuse or neglect will occur in the future.
"Safety analysis" means a DHS
action taken in response to a report of alleged child abuse or neglect that may
include an assessment or investigation based upon an analysis of the
information received according to DHS adopted, priority guidelines and other
"Safety evaluation" means a DHS
evaluation of a child's situation using a structured, evidence-based tool to
determine if the child is subject to a safety threat.
"Safety threat" means the threat
of serious harm due to child abuse or neglect occurring in the present or in
the very near future and without the intervention of another person, a child
would likely or in all probability sustain severe or permanent disability or
injury, illness, or death.
"Secure facility" means a facility
that is designed and operated to ensure all entrances and exits from the
facility are subject to the exclusive control of facility staff, whether the
child being detained has freedom of movement within the perimeter of the
facility, or a facility that relies on locked rooms and buildings, fences, or
physical restraint in order to control resident behavior. This definition excludes OJA-operated secure
"Self-neglect" means the action or inaction of a vulnerable adult
that causes the person to fail to meet the essential requirements for physical
or mental health and safety due to the vulnerable adult's lack of awareness,
incompetence, or incapacity.
"Serious physical injury" means a physical
injury to a person's body determined to be serious by a licensed health care
professional. It ncludes, but is not
limited to, death, suicide attempt, fracture, dislocation of any major joint,
internal injury, concussion, head injury with loss of consciousness, ingestion
of foreign substances and objects that are harmful, near drowning, lacerations
involving injuries to tendons or organs and those for which complications are
present, lacerations requiring four or more stitches or staples to close, heat
exhaustion or heatstroke, an eye injury, irreversible loss of mobility,
permanent damage to or loss of a tooth, skin deterioration, or second or third
degree burns and other burns for which complications are present. Also included are multiple abrasions,
bruises, and minor physical injuries on the body of a person, identified around
the same time or over a period of several weeks without a clear, known
"Sexual abuse" means, with
children, conduct, which includes, but is not limited to, rape, incest, and
lewd or indecent acts or proposals made to a child as defined by law, by a
PRFC; or • 12
(i) oral, anal, or vaginal penetration of a
vulnerable adult by or through the union with the sexual organ of a caretaker
or other person providing services to the vulnerable adult, or the anal or
vaginal penetration of a vulnerable adult by a caretaker or other person
providing services to the vulnerable adult with any other object;
(ii) for the purpose of sexual gratification, the
touching, feeling or observation of the body or private parts of a vulnerable
adult by a caretaker or other person providing services to the vulnerable
(iii) indecent exposure by a caretaker or other
person providing services to the vulnerable adult.
"Sexual exploitation" means with regard
children, conduct that includes, but is not limited to, allowing, permitting,
or encouraging a child to engage in: • 12
prostitution, per state law, by a PRFC; or
the lewd, obscene, or pornographic, photographing, filming, or depicting of a
child by a PRFC per state law; or
vulnerable adults conduct that includes,
but is not limited to, a caretaker's causing, allowing, permitting, or
encouraging a vulnerable adult to engage in prostitution or in the lewd,
obscene, or pornographic photographing, filming, or depiction of the vulnerable
adult per state law.
"Specialized foster care" means foster care
provided to a child or adult in a DDS certified and monitored specialized
foster or agency-contracted home, funded through the DDS-administered HCBW
Program per OAC 317:30-3-39.
"State Office" means the DHS
administrative offices in Oklahoma City, Oklahoma.
"State Office administrator" means, with
regard to grievances filed by a:
foster parent, by a child in DHS custody, or by an individual filing on behalf
of a child in DHS custody, the DHS CWS director, or his or her designee;
DDS client or by an individual filing on behalf of a DDS client, the DDS director,
or the director's designee.
"Subpoena" means a request
to appear at a certain time and place to give testimony. A "subpoena duces tecum" is a
request for records or other designated items to be delivered.
"Suspicious injury" means an injury that:
(A) includes, but is not limited to, an injury
(i) appears inconsistent with the offered explanation(s) for the injury;
cannot be explained as the result of an accident, self-injurious behavior, or
normal activities of daily living; • 2
is a minor injury located on or near a private part of the body or on a part of
the body that makes it unlikely to have been the result of self-injury or an
accident during daily living activities; or
involves multiple abrasions, bruises, and minor injuries on the body of a person,
identified around the same time or over a period of several weeks, but have no
clear, known explanation; and
when evaluated for whether an injury is suspicious, the determination is made
from the point of view of an independent, skeptical reviewer, with an injury
being deemed suspicious when there is no credible explanation for it consistent
with the injury not being the result of maltreatment. • 13
"Unexplained injury" means an injury for which there is no known
credible origin or cause, even when a possible explanation for the injury may
"Verbal abuse" means the use of words, sounds, or other
communication including, but not limited to, gestures, actions, or behaviors by
a caretaker or other person providing services to a vulnerable adult that are
likely to cause a reasonable person to experience humiliation, intimidation,
fear, shame, or degradation.
"Vulnerable adult" means an individual who is an incapacitated person
or who because of physical or mental disability, incapacity, or other
disability, is substantially impaired in the ability to:
(A) provide adequately
for the care or custody of himself or herself;
(B) manage his or her
property and financial affairs effectively;
(C) meet essential
requirements for mental or physical health or safety; or
(D) protect himself or herself from abuse, verbal
abuse, neglect, or exploitation without assistance from others.
"Vulnerable adult caretaker" or "VAC" means a person
responsible for the health, safety, or welfare of a vulnerable adult including:
Hissom class members;
Greer residents; and
vulnerable adults receiving services
from a community services provider, community services worker, Medicaid
personal care services provider, or Medicaid personal care assistant per 56 O.S. § 1025.1.
"Ward" means a person
over whom a guardianship has been given by the court.