(a) Legal authority, scope, and purpose.

• (1) Legal authority.
  • (A) Section 7004-3.4 of Title 10 of the Oklahoma Statutes confers on the Office of Client Advocacy (OCA) the responsibility to establish and maintain a fair, simple, and expeditious grievance system for complaints filed by or on behalf of children in the custody of the Oklahoma Department of Human Services (OKDHS).
  • (B) Section 1415.1(A)(2) of Title 10 of the Oklahoma Statutes requires OKDHS to establish an ombudsman program for each institution and residential facility for the mentally retarded operated by OKDHS, including an appeals procedure for the resolution of grievances and complaints of residents, their parents, and their court-appointed guardians.  OKDHS has conferred this responsibility on OCA.
  • (C) OKDHS also has conferred on OCA the responsibility for grievance systems for other clients listed in paragraph (2) of this subsection.
• (2) Scope.  OCA administers and monitors grievance programs for the individuals listed in (A) through (H) of this paragraph, all of whom are collectively referred to as the "client" throughout this Section and OAC 340:2-3-46.  Further detail about grievances for:
  • (A) minors who are in the custody of OKDHS regardless of placement, refer to OAC 340:2-3-47 through 340:2-3-49;
  • (B) youth in voluntary care of OKDHS, refer to OAC 340:2-3-49;
  • (C) foster parents approved by OKDHS, refer to OAC 340:2-3-50;
  • (D) residents of the Southern Oklahoma Resource Center (SORC), the Northern Oklahoma Resource Center of Enid (NORCE), and the Greer Center Facility (Greer), refer to OAC 340:2-3-51;
  • (E) Hissom class members, refer to OAC 340:2-3-52;
  • (F) other clients receiving services in the community from the Developmental Disabilities Services Division (DDSD) of OKDHS, refer to OAC 340:2‑3‑53;
  • (G) residents of group homes for persons with developmental or physical disabilities due to a developmental disability that are subject to Section 1430.1 et seq. of Title 10 of the Oklahoma Statutes, refer to OAC 340:2-3-54; and
  • (H) clients receiving OKDHS services who want to file a grievance about a problem, concern, or complaint for which there does not exist another grievance system within OKDHS, refer to OAC 340:2-3-55.
• (3) Purpose.  The purpose of OCA grievance policies and procedures is to provide clients a fair, simple, effective, and timely system of problem resolution with access to procedures through which clients can obtain a thorough review, fair consideration, and correction when appropriate.  These policies also ensure that persons filing grievances are free from restraint, coercion, reprisal, or discrimination.  To further this purpose, OCA independently reviews and monitors the implementation of grievance programs subject to this Section.
• (4) Informal problem resolution.  Clients have the right to file grievances.  However, resolving problems and concerns informally before filing a grievance is encouraged.  Not all client inquiries and requests for explanation are considered grievances.  Most can be handled within the regular relationship between clients and OKDHS, provider, and facility staff.  Efforts are made at the local level to resolve issues and reach a consensus with the client on a plan of action to resolve the problem informally unless the client desires to proceed with the grievance process.

(b) Definitions.  In addition to the definitions in OAC 340:2-3-2, the following words and terms when used in Part 5, OAC 340:2-3-45 through 340:2-3-55, shall have the following meanings, unless the context clearly indicates otherwise:

• (1) "Area director" means a director of one of the six service delivery areas designated by OKDHS Field Operations Division (FOD).
• (2) "Area manager" means a manager of one of the three service delivery areas designated by OKDHS DDSD.
• (3) "Business day" or "working day" means Monday through Friday, not including federal or state holidays.
• (4) "CFSD" means the Children and Family Services Division of OKDHS.
• (5) "Client" means any of the individuals listed in subsection (a) of this Section on whose behalf OCA maintains a grievance system.
• (6) "Contested grievance" means a grievance that has not been resolved at the local level (first and second levels) and, at the request of the grievant or decisionmaker, is submitted to a higher authority for response.
• (7) "Decisionmaker" means the person who has authority to decide whether to accept any resolution proposed at each level of the grievance process.  It typically is the client who filed the grievance or on whose behalf a grievance was filed.  For clients unable to advocate for themselves (for example, young children and persons with severe cognitive limitations), it is a person who speaks on the client's behalf, depending on the circumstances and the nature of the decision to be made.
  • (A) With regard to minors, it might be a parent, guardian, guardian ad litem, foster parent, or a legal custodian appointed by a court.
  • (B) With regard to DDSD clients who are adults, it might be a guardian or the individual support team for the client.
  • (C) When the grievant is not the decisionmaker, the local grievance coordinator (LGC) does not inform the grievant when the proposed resolution is issued or whether it has been accepted or rejected.  The decisionmaker may share this information with the person grieving on behalf of the client.
• (8) "Due date" means the date by which some response or action is required, for example, the date by when a respondent must respond to a grievance.  In calculating the due date, the first day of the period computed is not included and only business days are included.  If the last day of the period computed is a Saturday, Sunday, or legal holiday, the period runs until the end of the next business day.
• (9) "E-mail" communication with OCA or with the advocate general means an e-mail sent to the e-mail address:  *oca.grievances@okdhs.org.
• (10) "Facility grievance" means a grievance that involves:
  • (A) the substance or application of any policy, rule, or regulation, written or unwritten, of a facility as defined in OAC 340:2-3-2; or
  • (B) a decision, act, or omission of an employee, agent, or contractor of a facility.
• (11) "FOD" means the Field Operations Division of OKDHS.
• (12) "Grievance" is defined in subsection (c) of this Section.
• (13) "Grievant" means a client or the person who files a grievance on behalf of a client.
• (14) "Local grievance coordinator" or "LGC" means, with regard to:
  • (A) minors in OKDHS custody who live in a residential facility, the individual designated by the facility as its grievance coordinator;
  • (B) minors in OKDHS custody who do not live in a residential facility, including minors in foster care and foster parents, the individual designated as grievance coordinator in the OKDHS county office where the grievant resides;
  • (C) DDSD clients who are residents of Southern Oklahoma Resource Center (SORC), the Northern Oklahoma Resource Center of Enid (NORCE), or the Greer Center Facility (Greer), the OCA advocate staff assigned to each facility;
  • (D) foster parents approved by OKDHS, the county director in the OKDHS county office where the grievant resides;
  • (E) DDSD clients who are pursuing a grievance with a provider of residential, vocational, or in-home supports, the individual designated by the provider as its grievance coordinator; and
  • (F) all other DDSD clients, the applicable DDSD area manager or designee.
• (15) "OCA grievance liaison" means the individual(s) designated by the advocate general to coordinate and monitor contested grievances, and local grievance programs.
• (16) "OKDHS grievance" means a grievance that involves:
  • (A) the substance or application of any policy, rule, or regulation, written or unwritten, of OKDHS (other than policies, rules, and regulations of OKDHS operated shelters and residential facilities for minors); or
  • (B) a decision, act, or omission of an employee of OKDHS, including but not limited to a Child Welfare (CW) specialist, a case manager, and OKDHS county directors, but not including an employee of an OKDHS operated facility.
• (17) "Placement grievance" means a complaint about a present or proposed placement of a minor in OKDHS custody.
• (18) "Respondent" means the person at each level in the grievance process who has the responsibility for reviewing the grievance and proposing a resolution to resolve the grievance.

(c) Grievance defined.

• (1) "Grievance" means a problem or concern that an individual needs assistance resolving, including a complaint of unfair treatment.  At the request of a client, an unresolved problem, concern, complaint, or dispute is processed as a grievance.  When a client verbally communicates a complaint to an OKDHS employee or a facility or provider employee that is not resolved, the client is informed of the right to have the problem or concern processed as a grievance.  At the request of the client, the employee prepares a written statement of the client's complaint or refers the client to the local grievance coordinator to assist in doing that.
  • (A) Facility or provider grievances.  The subject of a facility grievance or a provider grievance includes:
    • (i) the substance or application of any policy, rule, or regulation, written or unwritten, of an OKDHS operated shelter or residential facility for minors, or a facility, agency, or provider which contracts with OKDHS, or a child placing agency; or
    • (ii) a decision, act, or omission of an employee, agent, or contractor of such a facility, or any client residing in the same placement setting.
  • (B) OKDHS grievances.  The subject of an OKDHS grievance includes:
    • (i) the substance or application of any policy, rule, or regulation, written or unwritten, of OKDHS, but this does not include policies, rules and regulations of OKDHS operated shelters and residential facilities for minors;
    • (ii) a decision, act, or omission of an employee in an OKDHS operated facility; this includes a case manager, a CW specialist, and county office employees; or
    • (iii) a facility grievance filed by a resident of SORC, NORCE, or Greer.
  • (C) Placement grievances.  A placement grievance is defined in subsection (b) of this Section.
• (2) Summary dispositions.  If a grievance is submitted and it falls into one of the categories listed in (A) through (K) of this paragraph, when appropriate, the LGC contacts the client to provide assistance to the client in rewriting the grievance to state the problem(s) or concern(s) the client wants to grieve.  If it is determined the client is asking to grieve a problem or concern covered by any of the categories below, the LGC informs the client why the grievance is not being processed, using Form 15GR012E, Notice of Summary Disposition of Grievance – OKDHS County Offices, 15GR013E, Notice of Summary Disposition of Facility Grievance, 15GR014E, Notice of Summary Disposition of Grievance – Developmental Disabilities Services Division (DDSD) Clients, 15GR015E, Notice of Summary Disposition of Developmental Disabilities Services Division (DDSD) Provider Grievance, or 15GR016E, Notice of Summary Disposition of Foster Parent Grievance, whichever is applicable.  The LGC also writes the reason on the bottom of Form 15GR001P, Grievance Form, and then dates and signs the form.  The grievance is logged on Form 15GR009E, Grievance Tracking Log.  The form used to notify the grievant along with a copy of the grievance form is sent within three business days to the advocate general for review, and the original is filed in the appropriate grievance file.  Within three business days of receipt, the OCA grievance coordinator reviews the grievance.  If the OCA grievance liaison determines the grievance was improperly given a summary disposition, the OCA grievance liaison informs the LGC who immediately processes the grievance.  If the OCA grievance liaison concurs with the summary disposition, the OCA grievance liaison informs the LGC in writing.
  • (A) Untimely grievances.  A grievance which is not timely filed in accordance with OAC 340:2-3-45(g) can be accepted and processed when good cause exists for the delay in filing the grievance.  There are no time limits for filing grievances on behalf of individuals served by the OKDHS DDSD.
  • (B) Discrimination based on race, color, national origin, sex, age, religion, or disability.  If a grievance alleges discrimination or other civil rights matters, the client is referred to the OKDHS Office for Civil Rights and the LGC immediately forwards the grievance to the OKDHS civil rights administrator and so informs the grievant.
  • (C) A problem that is moot.  A moot problem is one that already has been decided or settled or one that has no practical resolution.  For example, a placement grievance with regard to a child who is no longer in OKDHS custody; or a grievance with regard to an event that was in future but is now in the past, when the dispute about the event is unlikely to occur again with regard to this client.
  • (D) Duplicative grievances.  This is a grievance which duplicates another pending grievance in the same grievance system by or on behalf of the client involving the same incident or problem.
  • (E) Requests to violate laws.  This is a grievance which requests an action that violates state or federal law.
  • (F) Collateral complaint.  A collateral complaint does not involve a problem concerning the client who filed or on whose behalf the grievance was filed.
  • (G) Remote grievances.  The grievance requires action by a private or public individual or entity over which OKDHS does not have authority or control, such as a grievance about the action of a public school teacher, a guardian, or a physician in private practice.  In these situations, the LGC assists the grievant in using any grievance or complaint system which may be available regarding the subject of the grievance.
  • (H) Pending proceedings.  The grievance involves a matter which is the subject of a pending civil, criminal, or administrative proceeding, or a decision of a court or administrative hearing, or the subject of a pending OCA, Office of Inspector General (OIG), or Child Welfare investigation.
  • (I) Investigative findings.  The results of an investigation regarding abuse, neglect, verbal abuse, caretaker misconduct, or exploitation cannot be grieved.
  • (J) Fair hearing decisions.  The results of a fair hearing cannot be grieved pursuant to OAC 340:2-5-50.
  • (K) Frivolous grievances.  A frivolous grievance does not state a complaint or problem of any substance.  Before declining to process a grievance of this nature, the LGC contacts the grievant to inquire if the grievant needs assistance in submitting a substantive grievance.
• (3) Documenting exclusions.  If a grievance is submitted and it falls into an excluded category listed in the preceding paragraph, the LGC dates and signs Form  15GR001P as received, and notes on the form the reason the LGC does not process it.  The grievant is informed of this decision and the reason.  The grievance is logged in the grievance tracking log and the form is filed in the client's grievance file.  The LGC sends a copy of the Form 15GR001P and a copy of the applicable Notice of Summary Disposition to the advocate general, or designee, for review.
• (4) Who may file a grievance.  A grievance may be filed by any client listed in subsection (a) of this Section.  A grievance may also be filed by or on behalf of a client by any person who knows the client and is interested in the client's welfare, including, but not limited to, a parent, guardian, relative, foster parent, court appointed special advocate, guardian ad litem, case manager, personal support team member, job coach, and others.  This includes OKDHS employees and employees of residential, in-home supports, and vocational providers.
• (5) Group grievances.  Grievants whose complaints address the same issue(s) may together file a group grievance.  At any time during the processing of a group grievance, an individual grievant can withdraw from the group grievance.  If separate grievances are filed by two or more grievants regarding an identical issue, the interests of each grievant is identical, and the grievants do not object, a LGC can combine them for processing as a group, provided this does not unduly delay the processing of any particular grievance.  When multiple grievances are grouped for processing, the LGC informs each grievant of that action.  When a group grievance is filed, the LGC can ask the grievants to designate in writing a spokesperson for the group.
• (6) Grievances involving reportable incidents.  When a grievance alleges a reportable incident, including but not limited to, facts which constitute abuse, neglect, exploitation, or caretaker misconduct, as defined in OAC 340:2-3-2, the LGC immediately reports it to OCA intake pursuant to OAC 340:2-3-33.  A grievance involving a reportable incident may be processed during a pending investigation provided the grievance does not interfere with the investigation and as needed is held in abeyance pending the conclusion of the investigation.  If the grievance alleges additional facts which do not constitute abuse, neglect, exploitation, or caretaker misconduct, the grievance is processed as to those facts.  The LGC contacts OCA and any other law enforcement agency investigating the matter to coordinate processing the grievance.

(d) Grievance policies required.  Every provider and facility providing services to a client listed in OAC 340:2-3-45(a)(2) who is living in Oklahoma is required to operate a system for resolution of grievances by clients using policies and procedures meeting the requirements of this Part.

• (1) Designation of LGC.
  • (A) Every public and private facility and provider subject to Part 5, OAC 340:2-3-45 through 340:2-3-55, OKDHS county office, and DDSD area office designates an employee to serve as LGC to carry out the responsibilities described in this Section.  Facilities and providers inform the advocate general of the name, phone number, mailing address, and e‑mail address of its LGC, and inform the advocate general of any changes  within 30 calendar days of the effective date of a change by completing Form 15GR021E, Designation of Local Grievance Coordinator, Facilities and Provider Agencies, and submitting it to the Office of Client Advocacy.  OCA advocates assigned to SORC, NORCE, and Greer serve as the LGC at those facilities.  The LGC is an individual who:
    • (i) implements grievance policies and procedures;
    • (ii) has experience with the programs and functions of the facility, provider, county office, or DDSD area office;
    • (iii) functions impartially and independently in the processing of grievances;
    • (iv) reports directly to the administrator with regard to the LGC grievance duties and functions;
    • (v) within 60 calendar days of being designated LGC, completes the online OCA Grievance Course;
    • (vi) ensures that client requests regarding how to file a grievance are responded to within two business days; and
    • (vii) is accessible and available to meet in person with grievants.
  • (B) Each facility and provider subject to this Part, each OKDHS county office, and each DDSD area office displays in a place conspicuous to its clients a poster notifying clients of its grievance system and the name of its local grievance coordinator, using Form 15GR017E, Grievance Poster - Child Welfare Contracted Facilities, Form 15GR018E, Grievance Poster- Oklahoma Department of Human Services (OKDHS) County Offices, Form 15GR019E, Grievance Poster - Developmental Disabilities Services Division Providers, or 15GR020E, Grievance Poster - Oklahoma Department of Human Services (OKDHS) Developmental Division Services Division (DDSD) Offices, whichever is applicable.
• (2) Advocate general review of grievance programs.  The grievance system operated by each facility and provider subject to Part  5, OAC 340:2-3-45 through 340:2-3-55, is subject to the approval of the advocate general.  Each provider and facility other than an OKDHS operated facility is required to submit to the advocate general for approval its grievance policies, procedures, forms, and any revisions which are adopted, along with proof that the policies or revisions have been approved by the applicable approving authority.  Revised policies are submitted to the advocate general for approval within 30 days of the provider or facility adopting the revised policy.
• (3) Notifying clients of their grievance rights.  Each client covered by these grievance policies is notified of his or her right to and how to access the grievance resolution procedures using Form 15GR004E, Notice of Grievance Rights - Minors in OKDHS Custody, Form 15GR005E, Notice of Grievance Rights - Minors in OKDHS Custody - Youth in Voluntary OKDHS Care, Form 15GR006E, Notice of Grievance Rights - DDSD Service Recipients (General), Form 15GR007E, Notice of Grievance Rights - Hissom Class Members, or Form 15GR008E, Notice of Grievance Rights - Foster Parents, whichever is applicable.  Hissom class members are provided notice in accordance with OAC 340:2-3-52.  In addition, providers are encouraged to provide a simplified version of their grievance policies using language appropriate to the age level and cognitive functioning of its clients.
• (4) Monitoring and evaluation.  OCA ensures the quality of grievance systems by establishing minimum standards and through an ongoing monitoring program.  The advocate general and OCA staff have immediate and unlimited access to clients, staff, and facility files, records, and documents relating to grievance procedures and practices.
• (5) Reporting deficiencies.  An LGC who becomes aware of a deficiency in a grievance system, including a failure to follow or implement the grievance policy, must report it to the advocate general by phone at 1-405-525-4850 or 1‑800‑522‑8014, fax at 1-405-525-4855, or e-mail.
• (6) Advocate general deficiency report.  If the advocate general determines a deficiency exists in the grievance system of a facility or provider, the advocate general sends a report of deficiency to the administrator and, where applicable, to the state office administrator.
• (7) Advocate general grievance.  The advocate general may, on behalf of any or all clients served by the grievance policy in this Section, originate a grievance.  An advocate general grievance is filed with the administrator or the state office administrator and processed as a contested grievance.
• (8) Advocate general report.
  • (A) The advocate general may initiate an inquiry on behalf of any client as defined in subsection (a) of this Section regarding:
    • (i) any aspect of the care of a client that affects the quality of the client's life;
    • (ii) the substance, application, or interpretation of any policy, rule, or regulation, written or unwritten, of OKDHS operated shelter or residential facility, or a facility or agency that contracts with OKDHS, or a placement provider; or
    • (iii) any decision, behavior, or action of an employee, agent, or contractor of OKDHS, or of any client residing in the same placement setting.
  • (B) The person to whom the advocate general inquiry is addressed has seven business days to respond in writing to the advocate general.
  • (C) The advocate general issues a report which sets forth the subject matter of the inquiry, the pertinent facts, and recommendations.  An advocate general report is submitted to the administrator, when applicable, and the state office administrator.  A copy is submitted to the OKDHS Director.

(e) The grievance form.  A grievant files a grievance by obtaining from the LGC Form  15GR001P, filling it out, and turning it in to the LGC or to any facility or OKDHS staff, who immediately transmits it to the LGC.

• (1) LGCs for OKDHS order this form from the OKDHS Warehouse.  Private provider and facility LGCs obtain copies of this form from the OCA in Oklahoma City, 1‑405‑525‑4850 or 1-800-522-8014.
• (2) Any person who needs assistance in completing the grievance form is given assistance by the LGC or any other staff member.
• (3) A grievance received on paper other than Form 15GR001P is attached to a Form  15GR001P filled out by the LGC on behalf of the grievant.

(f) Retaliation prohibited.  No person filing a grievance shall be retaliated or discriminated against or harassed, solely or in part, for having asserted a grievance, or sought advice or inquired about filing a grievance.  Clients are encouraged to use available grievance systems.  Clients are not discouraged from filing a grievance.

(g) Grievance time limits.  Except for DDSD clients, in order to be processed for action and resolution, a grievance must be filed within 15 business days of the date of the incident, decision, act, or omission complained about in the grievance, or within 15 business days of the date the grievant becomes aware of or, with reasonable effort, should have become aware of a grievable issue.  The time limit for filing a grievance may be extended by the LGC. When a foster parent requests an extension in order to pursue mediation through the Oklahoma Commission on Children and Youth (OCCY) Foster Parent Mediation Program as provided in Section 601.6 of Title 10 of the Oklahoma Statutes, an LGC must grant the requested extension.  The grievance is then not processed until the mediation has been completed, and grievance timeframes are suspended for the duration of the mediation.  When mediation resolves the original grievance, the foster parent(s) may withdraw the grievance, or the LGC may declare the grievance "administratively resolved" consistent with OAC 340:2-3-45(h).  When a foster parent grieves, but has requested mediation of the dispute through the OCCY mediation program before filing a grievance that alleges retaliation, the LGC counts from the date of the mediation when computing timeliness.

• (1) The filing time and all other time periods contained in this Section are counted in business days unless otherwise specified.  In computing any period of time, the day of the incident, decision, act, or omission at issue is not included.  The next calendar day is the first day of the time period.
• (2) If the LGC or any respondent fails to meet any time limit for processing a grievance without obtaining an extension, the LGC processes the grievance to the next step within three business days of the grievant's request.
• (3) Responses, notices, and other documents issued during the processing of a grievance are delivered to the grievant in person or by mail at the last known address of the grievant.  A grievance is considered administratively resolved when a correctly addressed letter sent to the last known address of the grievant with proper postage is returned undeliverable with no forwarding address.
• (4) There is no time limit on allegations of abuse, neglect, verbal abuse, exploitation, or caretaker misconduct.  If a grievance, timely or untimely, consists of such an allegation, OCA intake is immediately notified in accordance with OAC 340:2-3-33.

(h) Grievance records, logs, and quarterly reports.  The LGC maintains an accurate and complete record of each grievance filed as well as summary information about the number, nature, and outcome of all grievances filed.  Records of grievances are kept separate and apart from other client records and files.  Grievance records relating to DDSD clients are retained in accordance with OAC 340:100-3-40.  OKDHS grievance records and files are retained in accordance with state and federal laws governing retention and destruction of records.

• (1) Each LGC tracks grievances as they progress through the system and keeps a log of every numbered grievance form issued by OCA.  Form 15GR009E, Grievance Tracking Log, can be used for this purpose.  For grievances submitted by a client, the tracking log includes:  the grievance number; the name of the grievant given the form; the date the form was submitted by the grievant; the nature and outcome of the grievance; the date of final resolution; and the level where it was resolved.  If a grievance form is provided to a client and not turned in, the facility tracks only the number on the form, the name of the client to whom the form was given, and the date it was given to the client.
• (2) Each LGC submits to the advocate general a quarterly grievance report, Form 15GR010E, Quarterly Grievance Report.  The quarterly report is transmitted to the advocate general no later than the 21st day following the end of each calendar quarter.  Quarterly reports are submitted by mail, fax, or e-mail.    The e-mail address is:  *oca.grievances@okdhs.org.  When no grievance activity occurred or was pending during a particular fiscal year quarter, the LGC so indicates on Form 15GR010E.
• (3) If a grievance becomes moot at any point during the local processing of the grievance, the LGC can stop the grievance process and declare the grievance "administratively resolved."  The LGC informs the grievant, notes it on the applicable Form 15GR001P and Form 15GR009E, and sends a copy of Form 15GR001P to OCA with the next quarterly grievance report.

(i) Processing the grievance form.  After completing Form 15GR001P, the grievant submits the form directly to the LGC or any other employee of the facility or OKDHS.  Form 15GR001P is printed in duplicate sets with a carbonless yellow copy.  The grievant submits the white copy and keeps the yellow copy.  If someone other than the LGC receives a grievance, that person submits it directly to the LGC within one business day of receipt.

(j) Informal resolution of grievance.  If the LGC is able to promptly resolve the grievance to the grievant's satisfaction without further processing, the LGC fills out the bottom of Form 15GR001P, signs it, and files it in the appropriate grievance file.

(k) First level problem resolution.  Within three business days of receipt of Form  15GR001P, if the grievance has not been resolved to the decisionmaker's  satisfaction, the LGC fills out Form 15GR002E, Local Grievance Coordinator (LGC) Worksheet.

• (1) The LGC identifies who has the authority to provide the quickest and surest resolution to the problem at the lowest level in the organizational structure.
  • (A) For OKDHS grievances of minors in OKDHS custody and youths in voluntary OKDHS care, the first level respondent may be the supervisor of the grievant's Child Welfare specialist.
  • (B) For grievances regarding placements above the therapeutic foster care level made by Children and Family Services Division (CFSD) placement services, the respondent is the applicable CFSD programs manager.
  • (C) For placement grievances regarding a specific foster child, the respondent is the applicable county director.
  • (D) If the minor also is a DDSD client, this may be the DDSD case manager supervisor.
  • (E) For adults receiving services from DDSD, the first level respondent may be the DDSD case manager supervisor.
• (2) The LGC completes the first box in the first level section on Form 15GR002E, attaches the corresponding Form 15GR001P, and other relevant documentation and information, and submits it to the first level respondent, by the most efficient means practicable, within three business days of receipt of the grievance from the grievant.
• (3) The first level respondent responds to the grievance within five business days of receipt of Form 15GR002E by completing the second box in the first level section on Form 15GR002E.  If the proposed resolution contains a promise of some future action, a target date is specified for full implementation of that future action.  The grievant can contest the target date by taking the grievance to the next level of problem resolution.
• (4) The LGC monitors the timely response by the first level respondent.  If a complete response is not timely received by the LGC, the LGC notes this on Form 15GR002E, and the grievance immediately proceeds to the second level of problem resolution.
• (5) Within three business days of receipt of the first level response, the LGC or designee contacts the decisionmaker to inform the decisionmaker of the proposed resolution and the right to take the grievance to the second level of problem resolution, and determines if the decisionmaker is satisfied with the proposed resolution.  The first level respondent may meet with the decisionmaker with or without the LGC present.  If the decisionmaker needs time to decide whether to accept the proposed resolution, the decisionmaker has three business days to make a decision.  If no decision is communicated to the LGC within three business days, the decisionmaker is deemed to have accepted the proposed resolution.  The LGC is responsible for informing the decisionmaker that he or she has three business days to accept or appeal the respondent's proposed resolution.
• (6) If the decisionmaker is satisfied with the proposed resolution, the LGC indicates his or her acceptance on Form 15GR002E, notifies those responsible for resolution of the grievance, and places the form in the appropriate grievance file.
• (7) If the proposed resolution has been accepted by the decisionmaker but involves a future target date, the LGC monitors compliance with the target date.  If the LGC determines that the resolution has not been achieved by the target date, the LGC immediately reopens the grievance and processes it for second level of problem resolution.
• (8) If the decisionmaker does not accept the proposed resolution and elects to take the grievance to the second level of problem resolution, the LGC processes the grievance for the second level of problem resolution in accordance with subsection (l) of this Section.

(l) Second level problem resolution.

• (1) If the grievance is not resolved at the first level of problem resolution, the LGC processes it in accordance with this subsection within three business days of the grievant requesting the second level of problem resolution pursuant to subsection (k) of this Section.
• (2) The LGC fills out the first box in the second level section on Form 15GR002E, ensures the corresponding Form 15GR001P and other relevant documents are attached, and submits it immediately to the second level respondent.  For facilities and providers subject to these rules, the administrator or designee is the second level respondent.  For OKDHS grievances, the OKDHS county director or the DDSD area manager, whichever is applicable, is the second level respondent.  If the administrator, county director, or DDSD area manager was the first level respondent, then the second level of problem resolution is skipped and the grievance may be processed as a contested grievance pursuant to OAC 340:2-3-46.
• (3) The administrator or designee responds to the grievance within seven business days of receipt of Form 15GR002E by completing the applicable box in the second level section on Form 15GR002E.  If the proposed resolution contains a promise of some future action, a target date is specified for full implementation of that future action.
• (4) The second level respondent for a placement grievance regarding a specific foster child is the applicable area director.
• (5) The LGC monitors the timely response by the respondent.  If a complete response is not timely received by the LGC, the LGC notes this on Form 15GR002E and the grievance immediately is processed as a contested grievance.  A contested OKDHS grievance is processed in accordance with OAC 340:2-3-46.  Contested facility grievances are processed in accordance with subsection (m) of this Section.
• (6) Within three business days of receipt of the second level response, the LGC contacts the decisionmaker to inform him or her of the proposed resolution and the right to contest the response to the grievance, and determines if the decisionmaker is satisfied with the proposed resolution.  If the decisionmaker needs time to decide whether to accept the proposed resolution, the grievant has three business days to make a decision.  If no decision is communicated to the LGC within three business days, the grievant is deemed to have accepted the proposed resolution.
• (7) If the decisionmaker is satisfied with the proposed resolution, the LGC documents the  decisionmaker's acceptance on Form 15GR002E, notifies those responsible for resolution of the grievance, and places the form in the appropriate grievance file.
• (8) If the proposed resolution has been accepted by the decisionmaker but involves a future target date, the LGC monitors compliance with the target date.  If the LGC determines that the resolution has not been completed by the target date, the LGC immediately reopens the grievance and processes it as a contested grievance.
• (9) If the decisionmaker does not accept the proposed resolution and elects to contest the response, a contested OKDHS grievance is processed in accordance with OAC 340:2-3-46.  Contested facility grievances are processed in accordance with subsection (m) of this Section.

(m) Contested facility or provider grievances.  If the decisionmaker does not accept the proposed resolution or the target date of the second level proposed resolution, a facility or provider grievance is appealed to the chair of the board of directors of the facility or provider or an appeals committee designated by the board. This section does not apply to grievances of Hissom class members. Grievances at OKDHS operated facilities are appealed as a contested grievance in accordance with OAC 340:2-3-46.

• (1) The LGC transmits a contested facility or provider grievance to the chair of the board of directors of the facility or provider, or an appeals committee designated by the board, within three business days of notice that the decisionmaker does not accept the proposed resolution and is contesting the proposed resolution.
• (2) In reviewing the contested grievance, the board of directors, or appeals committee if applicable, is not required to conduct an evidentiary hearing or hear argument.  In the event the board determines that an evidentiary hearing evidence would assist it in resolving the grievance, the board has the option of conducting an informal hearing. 
• (3) Within ten business days of receiving a contested grievance, the chair of the board of directors or the appeals committee responds by submitting a written decision to the LGC.
• (4) Within three business days of receiving the written decision of the chair of the board of directors or the appeals committee, the LGC informs the decisionmaker of the decision and provides the decisionmaker with a copy of the board's decision.  This concludes the grievance process and the grievant's administrative remedies have been exhausted.

(n) Fast track grievances.  When the subject of an OKDHS grievance is such that time is of the essence, with the approval of the advocate general or designee a grievance can be submitted directly to the OCA grievance liaison for processing as a contested grievance in accordance with OAC 340:2-3-46.  When a grievance involves a time sensitive problem, the OCA grievance liaison may shorten the response time as circumstances warrant.

(o) Communications with OCA.  Any notices, forms or other information that facilities, providers, or OKDHS county offices are required to submit to OCA or the advocate general can be submitted by e-mail, using the e-mail address *oca.grievances@okdhs.org.

(p) Grievance training required.  LGCs are required to take the OCA online grievance training within 60 days of their appointments, and annually thereafter.