(a) Legal basis and authority.  The legal basis and authority for the rules in this Part are found in Section 7004-3.4 of Title 10 of the Oklahoma Statutes.

(b) Definitions.  The definitions in OAC 340:2-3-2, 340:2-3-32, and 340:2-3-38 apply to this Part.

(c) Purpose.  This Section establishes an administrative review committee to review:

• (1) findings regarding allegations of abuse, neglect, verbal abuse, caretaker misconduct, and exploitation investigated by the Office of Client Advocacy (OCA) in accordance with OAC 340:2-3-32 through 340:2-3-37;  
• (2) findings regarding allegations of discrimination and retaliation brought by foster parents pursuant to Section 7204.1 of Title 10 of the Oklahoma Statutes and investigated by OCA in accordance with OAC 340:2-3-38;
• (3) unresolved contested grievances of Oklahoma Department of Human Services (OKDHS) clients listed in OAC 340:2-3-45(a)(2) and processed in accordance with OAC 340:2-3-46 through 340:2-3-49 and 340:2-3-51 through 340:2-3-55;  
• (4) unresolved grievances of foster parents filed pursuant to Sections 7213 of Title 10 of the Oklahoma Statutes and processed in accordance with OAC 340:2-3-50; and
• (5) an issue affecting the care and treatment of:
  • (A) a client in an OKDHS operated facility; or
  • (B) a minor in OKDHS custody placed in a private facility, a public facility not operated by OKDHS, or in a foster home.

(d) GARC composition.

• (1) GARC is composed of at least three voting members appointed by the OKDHS Director.  The OKDHS Director designates one member to serve as chair and appoints substitute members as needed.
• (2) The advocate general is an ex officio member of GARC.  The advocate general designates a member of his or her staff to attend GARC meetings in the advocate general's absence.

(e) GARC responsibilities.  GARC meets as needed.  The advocate general or designee establishes the date and time of each meeting.  At least three business days before a meeting, the advocate general provides each GARC member with materials relevant to matters to be considered at the meeting.  GARC members review the agenda material prior to the GARC meeting.

(f) GARC meetings.

• (1) The advocate general or designee coordinates GARC meetings.  This includes:
  • (A) arranging the dates for GARC meetings;
  • (B) establishing the agenda for GARC meetings;
  • (C) eight calendar days prior to a GARC meeting, notifying all involved administrators and state office administrators of the date of the GARC meeting;
  • (D) transmitting agenda material to GARC members three business days prior to a meeting;
  • (E) recording the findings and recommendations of GARC;
  • (F) preparing GARC reports in consultation with GARC members;
  • (G) granting extensions of time for good cause shown; and
  • (H) distributing GARC reports.
• (2) The GARC chair conducts a GARC meeting in the manner that in his or her discretion furthers the purposes of the meeting.
• (3) At the conclusion of the GARC meeting, the matter is taken under advisement and the GARC chair informs interested parties of the results by means of GARC's written report.