(a) Application.  This Section describes processes relating to allegations of retaliation and discrimination against a foster parent by an employee of the Oklahoma Department of Human Services (OKDHS) or a child placing agency.  The Office of Client Advocacy (OCA) is designated by Sections 7004-3.4(D) and 7204.1 of Title 10 of the Oklahoma Statutes to conduct administrative investigations into these allegations.

(b) Definitions.  The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise:

• (1) "Administrator," with regard to a child placing agency, means the chief administrative officer of the agency.
• (2) "Child placing agency" means a private agency licensed to place children in foster family homes, group homes, adoptive homes, transitional or independent living programs, or family child care homes or other out-of-home placements, and which approves and monitors such placements and facilities in accordance with the licensing requirements established by the Oklahoma Child Care Facilities Licensing Act.  [10 O.S. § 401 through 415]
• (3) "Child Welfare division" means the OKDHS Field Operations Division (FOD) and the Children and Family Services Division (CFSD).
• (4) "DDSD" means the OKDHS Developmental Disabilities Services Division (DDSD).
• (5) "Discrimination" means knowing and willful application of a different standard to a particular foster parent which negatively affects the foster parent.
• (6) "Harassment" means a knowing and willful course of conduct, statements, or behaviors serving no legitimate purpose directed at a foster parent that a reasonable person in the same or similar circumstances would find intimidating or substantially distressing.
• (7) "Retaliation" means threatening a foster parent with removal of a child in the foster parent's care, harassing a foster parent, refusing or failing to place a child in a licensed or certified foster home, or disrupting a child placement in reprisal for the foster parent engaging in protected activity listed in (c)(2) of this Section.
• (8) "State office administrator" means the FOD director, CFSD director, DDSD director, or their designees.

(c) Scope.  A foster parent has the right, without fear of reprisal or discrimination, to lodge concerns and complaints with respect to the providing of foster care services.  OCA initiates investigations of allegations that:

• (1) an employee of OKDHS or a child placing agency has:
  • (A) threatened a foster parent with removal of a child in the foster parent's care;
  • (B) harassed a foster parent;
  • (C) refused or failed to place a child in a licensed or approved foster home; or
  • (D) disrupted a child placement; and
• (2) for the purpose of retaliation or discrimination against a foster parent who has:
  • (A) filed or attempted to file a grievance with OKDHS (see OAC 340:2-3-45) or with a child placing agency, whichever is applicable; • 1
  • (B) provided information regarding foster care services to any state official or OKDHS employee; or
  • (C) testified, assisted, or otherwise participated in an investigation, proceeding, or hearing against OKDHS or a child placing agency.

(d) Exclusions.  The provisions of this Section do not apply to:

• (1) a complaint by a foster parent regarding the result of a criminal, administrative, or civil proceeding for a violation by that foster parent of a law, rule, or contract provision, or an action taken by OKDHS or a child placing agency in conformity with the result of any such proceeding;
• (2) allegations of acts of retaliation or discrimination that occurred more than one year prior to the date of the foster parent complaint; or
• (3) allegations of a pattern of retaliation or discrimination the last incident of which occurred more than one year after the foster parent participated in protected activity.

(e) What is reportable.  Section 7204.1 of Title 10 of the Oklahoma Statutes provides that any foster parent who has reasonable cause to believe he or she has been improperly treated by an employee of OKDHS or a child placing agency, as outlined in subsection (c) of this Section, may file a complaint with OCA.  The law provides that persons making a report in good faith under this Section may not be adversely affected solely on the basis of having made such report.  The law also provides that any person who knowingly and willfully makes a false or frivolous report or complaint or a report that the person knows lacks factual foundation may be subject to loss of foster parent approval or licensure status.

(f) Reporting procedure.  Foster parents may file complaints by contacting:

• (1) the Foster Parent Hotline, 1-800-376-9729; or
• (2) OCA's offices in Oklahoma City, 1-405-525-4850 or 1-800-522-8014.

(g) Confidentiality.  At the request of the reporter, OCA maintains confidential the identity of the reporter until the advocate general reports the results of the investigation to the Commission for Human Services (Commission) in accordance with subsection (m) of this Section.  OCA maintains written records regarding the reporting source to provide information to the extent known at the time the report is received, including:

• (1) the names and addresses of the foster child and the person(s) responsible for the child's welfare;
• (2) the nature of the complaint; and
• (3) the names of the persons and agencies responsible for the allegations contained in the complaint.

(h) Interference prohibition.

• (1) An OKDHS employee who interferes with an OCA investigation may be subject to administrative action for misconduct under OKDHS personnel policy relating to cause for disciplinary action if the employee attempts to intimidate a witness, foster parent, or other OKDHS employee, or threatens any of them with physical or mental harm.
• (2) Interference includes, but is not limited to:
  • (A) intimidating, harassing, or threatening a party to the investigation;
  • (B) retaliation against an employee for cooperating during an OCA investigation;
  • (C) denial of access to clients, employees, facilities, witnesses, records, or evidence; and
  • (D) causing or influencing another person to provide false information during the investigation.

(i) Initiation of OCA investigation.  Upon acceptance of a report of retaliation or discrimination against a foster parent, OCA assigns an investigator to investigate the allegations in accordance with this Section.  OCA's investigation does not duplicate and is separate from any investigation mandated by the Oklahoma Child Abuse Reporting and Prevention Act or other investigations having formal notice or hearing requirements.

(j) Rights and responsibilities of employees.  The rights and responsibilities of OKDHS employees in an OCA foster parent investigation are listed in (1) through (7) of this subsection.

• (1) Employees make themselves available for interviews and accommodate the investigator in scheduling interviews.
• (2) Employees provide pertinent information and respond fully and truthfully to questions asked.
• (3) In addition to being interviewed, employees may submit written statements relating to the events in question.
• (4) Employees may seek advice concerning their rights and responsibilities from other parties within or outside OKDHS.
• (5) Employees prepare written statements or reports relevant to the investigation upon request.
• (6) Employees, who reasonably believe answers to official inquiries regarding the events in question may incriminate them in a criminal prosecution, may decline to answer those questions.
• (7) Employees interviewed do not discuss their interviews with anyone outside of OCA.

(k) Access.  OCA at all times is granted access to any foster home which is approved, authorized, or funded by OKDHS or a child placing agency.

(l) Investigation procedures.  Investigations are conducted in accordance with OAC 340:2-3-36 unless otherwise provided in this Subchapter.  

• (1) Notifying administrators and accused caretakers.  The assigned investigator notifies the applicable administrator or state office administrator of the investigation and arranges for document production, site visits, and interviews.  The administrator or state office administrator who employed any accused employee at the time of an alleged incident promptly informs the accused employee of:
  • (A) the name and telephone number of the OCA investigator;
  • (B) the investigative process;
  • (C) the employee's rights and responsibilities relating to the investigation described in subsection (j) of this Section, using Form 15IV006E, Investigations of Foster Parent Retaliation Complaints - Rights and Responsibilities of Accused OKDHS Employees, a copy of which is provided to the OCA investigator; and
  • (D) the nature of the allegation(s) made against the employee; however, at this time the employee is not provided the details of the allegations or the substance of the evidence.
• (2) OCA access to evidence.  Applicable administrators and state office  administrators facilitate and cooperate with the OCA investigation by:
  • (A) providing access to requested information;
  • (B) producing relevant documents, files, and records, accompanying the investigator on foster home visits when requested by OCA; and
  • (C) providing access to accused employees and others who have knowledge of relevant information.
• (3) Document review and interviews.  The OCA investigator conducts a prompt investigation in accordance with OAC 340:2-3-36(g) through (i) unless otherwise provided in this Section.
• (4) Exit notice.  The OCA investigator provides an exit notice, either electronically or by telephone, to the applicable administrator or state office administrator when the information gathering portion of the investigative process is completed.  The investigator informs the administrator or state office administrator that a written report is forthcoming.  Preliminary findings are not required.
• (5) The written investigation report.  After completing the information gathering portion of the investigative process, the OCA investigator prepares a written report containing:
  • (A) the allegations investigated, including the date, time, and location of the alleged incidents, the date the allegation was reported to OCA, and the assigned OCA case number;
  • (B) a list of the involved parties, their titles and role in the matter, whether they were interviewed and, if so, when and where;
  • (C) the applicable definition of the type of misconduct at issue, such as discrimination, retaliation, or both;
  • (D) whether the foster parent engaged in an activity listed in (c)(2) in this Section and, if so, a description of the activity;
  • (E) the findings in accordance with OAC 340:2-3-36(l);
  • (F) an explanation of the basis for the finding;
  • (G) in cases involving a confirmed finding, a summary of relevant information obtained during each interview conducted during the investigation;
  • (H) any areas of concern relating to the allegations that were identified during the investigation regarding practices or procedures of OKDHS or the child placing agency;
  • (I) a list of relevant documents and records reviewed during the investigation; and
  • (J) a list of attachments to the report.
• (6) Dissemination of the OCA investigative report.
  • (A) In cases involving allegations against an OKDHS employee, the advocate general submits a copy of the final OCA investigation report to the OKDHS Director and the state office administrators.
  • (B) In cases involving an employee of a child placing agency, the advocate general sends a copy of the OCA report to the administrator of the agency and the appropriate state office administrator.  If the administrator of the child placing agency is the subject of the report, the report is sent to the agency's board of directors.
  • (C) OCA sends the foster parent and each accused OKDHS employee a letter that summarizes the allegation and states OCA's finding.
  • (D) All parties receiving copies of the investigative reports are bound by the confidentiality provisions of Sections 7005-1.2 and 7107 of Title 10 and Section 10-110 of Title 43A of the Oklahoma Statutes.

(m) OKDHS Director's request for review by the Grievance and Abuse Review Committee (GARC).  Within 20 calendar days of receipt of a final OCA investigative report, the OKDHS Director may request GARC to review the allegations and submit a report of its findings in accordance with OAC 340:2-3-63.

(n) State office administrator's response to a confirmed finding.

• (1) When a state office administrator receives a copy of an OCA investigation report containing a finding that an OKDHS employee has engaged in retaliation or discrimination against a foster parent, within 30 calendar days of receipt of the OCA report the state office administrator notifies the advocate general in writing of any personnel action taken or to be taken with regard to the employee, and any corrective action taken or to be taken regarding areas of concern noted in the OCA report.
• (2) If the OKDHS Director has referred the matter for review by GARC in accordance with subsection (l) of this Section, the state office administrator's response is due within 45 calendar days of GARC's written report to the OKDHS Director.
• (3) When an administrator of a child placing agency receives a copy of an OCA investigation report containing a finding that an employee of the child placing agency has engaged in retaliation or discrimination against a foster parent, within 30 calendar days of receipt of the report the administrator notifies the advocate general in writing of any personnel action taken or to be taken with regard to each employee named in the report as having engaged in misconduct, and the status of any areas of concerns noted in the report.
• (4) The advocate general reports to the Commission confirmed allegations and corrective action taken.