(a) Application.  GARC reviews OCA investigative reports involving allegations of abuse, neglect, verbal abuse, caretaker misconduct, or exploitation with the exception of cases involving a community services worker that are processed in accordance with OAC 340:100-3-39.    

(b) Requests for GARC review.  Requests for GARC review are submitted in writing to the advocate general within 30 calendar days of receipt of an OCA investigation report.  Requests for GARC review include an explanation of the basis of the review and the reasons review is requested.  Supporting documentation for the request for review is included with the request.

• (1) With regard to investigations involving a facility operated by OJA or under contract with the Office of Juvenile Affairs (OJA), a request for GARC review may be made by the facility administrator, the OJA advocate general, or the executive director of OJA.  If a request is made by a facility administrator, he or she sends a copy of the request to the executive director of OJA.
• (2) With regard to investigations involving Oklahoma Department of Human Services (OKDHS) operated facilities and facilities which contract with OKDHS, a request for GARC review can be made by the facility administrator, the applicable state office administrator, or the OKDHS Director.  If a request is made by a facility administrator, he or she sends a copy of the request to the applicable state office administrator.
• (3) With regard to investigations involving a Hissom class member that result in a not confirmed finding or in which the accused caretaker is not a community services worker, a request for GARC review can be made by the administrator of the provider agency that employed the accused caretaker at the time of the incident(s) investigated, or by the Developmental Disabilities Services Division (DDSD) director or designee.
• (4) With regard to investigations involving a facility operated by the Department of Rehabilitation Services (DRS), a request for GARC review can be made by the facility administrator or the DRS director.
• (5) With regard to all other investigations conducted pursuant to OAC 340:2-3-32, a request is made by the facility administrator.
• (6) The advocate general also can request GARC review.

(c) Scope of GARC review.  GARC conducts a de novo paper review of the alleged incident(s) at issue in the OCA investigation.

• (1) GARC does not consider prior unsubstantiated allegations.
• (2) Involved administrators, state office administrators, the OJA advocate general, if applicable, and their designees may attend the GARC meeting.  The OCA investigator involved in a case being reviewed, and his or her supervisor, may attend the GARC meeting to provide information.  The level of participation of attendees is within the discretion of the chair of GARC.
• (3) If an administrator, state office administrator, or OJA representative wants to submit additional evidence not considered during the OCA investigation, it is submitted to the advocate general contemporaneously with the request for GARC review.  For good cause shown, evidence can be submitted to the advocate general no later than five business days before the GARC meeting.
• (4) When additional information is needed in order for GARC to complete its review, GARC may continue its review of a case until its next meeting.  GARC may request additional information from OCA, an administrator, the OJA advocate general, or a state office administrator.

(d) GARC report contents.  Within 15 business days of a GARC meeting to review a case, GARC prepares a report that includes items (1) through (4) in this subsection.

• (1) GARC's opinion whether the evidence is sufficient, based on a preponderance of the evidence standard, to confirm maltreatment has occurred and the basis for GARC's opinion.
• (2) If in GARC's opinion the evidence is sufficient to confirm maltreatment, the report specifies the maltreatment found to have occurred, the specific acts constituting the maltreatment, the dates and places the conduct occurred, the rules, policies, and statutes violated, and the nature of any injury to the alleged victim(s).
• (3) GARC's recommendation as to any action needed to protect the victim and other clients.
• (4) Areas of concern identified during GARC's review of the case regarding facility or OKDHS practices or procedures.

(e) OKDHS Director's review.  The advocate general submits to the OKDHS Director the GARC report, the corresponding OCA investigation report, and other pertinent documents.

• (1) Within 15 business days of receipt of the GARC report, the OKDHS Director decides whether to:
  • (A) adopt GARC's findings;
  • (B) adopt GARC's findings with modifications;
  • (C) return the matter to GARC for further consideration; or
  • (D) reverse GARC's finding.
• (2) If the OKDHS Director does not respond within 15 business days of receipt of the GARC report, the GARC finding becomes final.
• (3) OCA notifies in writing all interested parties of the result of the OKDHS Director's review.

(f) Routing the results of the OKDHS Director's review.

• (1) In cases involving OKDHS operated facilities, the advocate general sends a copy of the GARC report and the results of the OKDHS Director's review to the administrator of the facility and the appropriate state office administrator.  Within two business days of receipt of the OKDHS Director's decision, the administrator informs each accused employee of the result of the OKDHS Director's review.
• (2) In cases involving private or non-OKDHS operated public facilities, the advocate general sends a copy of the GARC report and the results of the OKDHS Director's review to the administrator and the director of any agency that contracts with or licenses the facility.  When the administrator is named as an accused employee in the allegation, the GARC report and results of the OKDHS Director's review are sent to the chair of the facility's board of directors.

(g) Response to results of the OKDHS Director's review.  After receipt of the results of the OKDHS Director's review of an OCA investigation involving an OKDHS employee, the affected state office administrator determines whether to initiate appropriate disciplinary action in accordance with OAC 340:2-3-12.  Within 30 calendar days of receipt of the results of the OKDHS Director's review, the state office administrator informs the advocate general of any disciplinary action taken or to be taken with regard to an employee found to have committed maltreatment and any corrective action taken or to be taken with regard to areas of concern identified by GARC in its report.