(a) Application.  This Section describes processes relating to grievances of residents of Oklahoma Department of Human Services (OKDHS) operated facilities listed in Sections 1406 and 1414.1 of Title 10 of the Oklahoma Statutes, the "residents," who want to file a grievance.  Section 1415.1 of Title 10 of the Oklahoma Statutes confers on OKDHS the responsibility for establishing an ombudsman program which includes a grievance system at each OKDHS operated facility for persons with developmental disabilities.

(b) Definitions.  The definitions in OAC 340:2-3-2 and 340:2-3-45(b) apply to this Section unless the context clearly indicates otherwise.  

(c) Notice of grievance rights.  Form 15GR006E, Notice of Grievance Rights - DDSD Clients (General), is given by the Developmental Disabilities Services Division (DDSD) facility to a resident and his or her guardian within 24 hours of the resident's admission to a facility and yearly thereafter at the annual individual planning meeting.  This form is used to identify the local grievance coordinator (LGC) and to explain the resident's right to grieve.  After the resident or guardian signs the form, a copy is given to the resident or to the resident's guardian, or responsible family member if the resident does not have a guardian, or both, and the original is maintained in the permanent record for the resident.  If the designated local grievance coordinator (LGC) changes, the facility notifies the residents and their guardians or a responsible relative of the name and contact information of the new LGC within 20 business days.

(d) Filing and processing of grievance at the facility.  Grievances of residents are processed in accordance with OAC 340:2-3-45(g) unless otherwise provided in this Section.

• (1) The Office of Client Advocacy (OCA) maintains an office on campus at SORC and NORCE.  OCA assigns advocates to its offices at the facilities who serve as the LGC at those facilities and Greer and provides assistance to residents, their guardians, and persons interested in their welfare who want to file a grievance.  [OAC 340:2-3-71(h)(4)]
• (2) The OCA advocates at a facility send a copy of a grievance to the guardian or guardian ad litem of the resident and to a responsible relative, unless contraindicated.
• (3) If a grievance involves a decision of a resident's team, the first level respondent is the applicable unit coordinator, unless the unit coordinator is involved in the decision being grieved.

(e) Time limits on filing grievances.  The time limit in OAC 340:2-3-45(g) does not apply to grievances filed by or on behalf of residents.

(f) Second level problem resolution.  The facility director is the second level respondent.

(g) Contested grievances.  When a resident elects to contest the facility director's response to a grievance, the contested grievance is processed in accordance with OAC 340:2-3-46.  The DDSD director or designee is the state office administrator responsible for responding to contested grievances of residents.  • 1

(h) Request for review by Grievance and Review Committee (GARC).  When a resident requests review by GARC of the DDSD director's response to a grievance, the OCA grievance liaison prepares a request for GARC review using a format prescribed by OCA which includes the information listed in subsection (i) of this Section.

(i) Advocate inquiry.  An OCA advocate may file a formal inquiry to request information relating to:  the treatment of one or more residents; the substance, application, or interpretation of any policy, rule or regulation, written or unwritten, of OKDHS or an agent or contractor of OKDHS; or any decision, behavior, or action of an OKDHS employee, agent, or contractor, or of another resident.

• (1) An advocate formal inquiry is submitted directly to the facility director or any other OKDHS employee believed to have the knowledge to respond to the inquiry.  The person to whom the inquiry is submitted has seven business days from receipt of the inquiry to respond in writing.  The advocate general may grant an extension for good cause shown.
• (2) If the response does not resolve the concern which prompted the formal inquiry, or if a response is not timely received, the matter may be treated as a formal grievance and processed as a contested grievance pursuant to OAC 340:2-3-46.
• (3) The advocate general issues a report that sets forth the subject matter of the inquiry, the pertinent facts, and recommendations.  An advocate general report is submitted to the facility director, when applicable, and the state office administrator.  A copy is submitted to the OKDHS Director.

(j) Advocate grievance.  An OCA advocate may file a grievance on behalf of a resident even when a grievance has not been filed by or on behalf of a resident.

• (1) At the discretion of the advocate general or designee, an advocate grievance is filed directly with the facility director.  The facility director has seven business days to respond in writing.  The advocate general or designee may grant an extension for good cause shown.
• (2) If the facility director's response is not acceptable or is not timely submitted, it is processed as a contested grievance pursuant to OAC 340:2-3-46.

(k) 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 facility director or 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 can shorten the time for responding as warranted by the circumstances.