OKDHS.org - OAC 340:2-3-73. Advocacy services for former residents of the Northern Oklahoma Resource Center of Enid (NORCE), the Southern Oklahoma Resource Center (SORC), and the Greer Center Facility (Greer)

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340:2-3-73. Advocacy services for former residents of the Northern Oklahoma Resource Center of Enid (NORCE), the Southern Oklahoma Resource Center (SORC), and the Greer Center Facility (Greer)

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Revised 7-1-09

(a) Application. This Section describes advocacy services the Office of Client Advocacy (OCA) provides to former residents of Southern Oklahoma Resource Center (SORC), Northern Oklahoma Resource Center of Enid (NORCE), and Greer Center Facility (Greer) ("the facilities") for whom the facility director is the guardian ad litem (GAL). Oklahoma Department of Human Services (OKDHS) has conferred on OCA responsibilities for each of these individuals until the court relieves the facility director of GAL responsibilities. Ombudsman and advocacy services are provided to former residents of the facilities consistent with OAC 340:2-3-71.

(b) Representation. A person eligible for OCA services pursuant to this Section is assigned to an OCA advocate to represent the client's interests when OCA has adequate staff resources to provide such services. A community advocate is assigned 30 calendar days prior to the date identified to transition the client. Clients are provided choices with regard to the advocate assigned to represent them to the extent feasible, taking into consideration the geographic location of the client's residence and the caseloads of OCA advocates. Requests for a change in the advocate representing an individual are made to the advocate general or designee.

(c) Team membership. As a representative of a Developmental Disabilities Services Division (DDSD) client living in a community residential placement, an OCA advocate is a member of the client's personal support team. As a team member, the advocate receives from the client's DDSD case manager timely notice of all team meetings, including emergency team meetings. Within the team context, the advocate assists the client and represents the client's interests without relinquishing priority to client safety and rights.

(d) Guardianship issues. The OCA advocate ensures a client has a current capacity assessment and attends capacity assessment meetings. If a client has sufficient capacity to require no guardian or only a limited guardian, the advocate promotes the filing of a petition with the guardianship court to terminate the GAL appointment or limit it, as the case may be. If the current capacity assessment for the client recommends a guardian or volunteer advocate, the OCA advocate participates with the team in identifying persons who might serve as guardian or advocate for the client. An advocate encourages the development of friends in the community who might become a guardian or advocate for the client. When a guardian is needed and a suitable guardian has been identified, the advocate promotes the filing of a petition with the guardianship court to terminate the GAL appointment and to appoint a guardian.

(e) Advocacy and monitoring. OCA advocates provide advocacy and monitoring to ensure compliance with policies, rules, and regulations applicable to the health, safety, and well-being of clients. In addition to the services described in OAC 340:2-3-71(h), advocacy and monitoring activities on behalf of each client include:

(1) verifying Form 06CB034E, Residential Pre-Service Checklist, has been completed and everything on the checklist is in place prior to the resident moving out of the facility;
(2) a home visit with the client within 30 calendar days of the client's discharge from the facility;
(3) verifying Form 06CB034E has been completed prior to any subsequent changes in residence, and making a home visit with the client within 30 calendar days after the client moves into a new residence;
(4) a face-to-face visit with the client at least quarterly and more frequently as indicated, which includes:
- (A) site visits to a client's residence at least twice a year, every five to seven months, at a time when the client is present in the home; • 1 and
- (B) visits with the client outside the home setting at least twice a year, every five to seven months; • 2
(5) visits with the client at the request of the client, the client's legal guardian, or other person concerned about the well-being of the client;
(6) completion of a service review twice a year, every five to seven months; • 2
(7) in connection with each service review, verifying that direct contact staff have completed required training;
(8) participating as a member of a resident's personal support team;
(9) attending annual individual plan (IP) meetings, interim meetings, and follow-up planning meetings;
(10) attending emergency team meetings;
(11) attending other team meetings when significant issues are being addressed, including when a rights restriction or an intrusive behavior intervention strategy is contemplated or to be recommended;
(12) attending capacity assessment meetings of the client's team;
(13) attending other team meetings at the request of the client, guardian, or involved family or friend;
(14) requesting DDSD Quality Assurance to conduct an administrative inquiry of suspected provider contract violations in accordance with OAC 340:100-3-27;
(15) assisting the client and the client's guardian or representative with the review of proposed financial agreements and contracts between the client and the provider;
(16) review of documents, including but not limited to: assessments, IP and interim IP documents; incident reports; Adult Protective Services (APS) and OCA investigation findings; and behavior data collection forms;
(17) attending mortality review meetings held pursuant to OAC 340:100-3-35;
(18) attending legal proceedings involving the client, including guardianship proceedings, as warranted by the circumstances;
(19) monitoring semi-annually the hot water in homes, using a thermometer to ensure the water does not exceed 114 degrees; and
(20) at least bi-annually, every five to seven months, verify that appropriate records are kept with regard to an individual's personal finances.

INSTRUCTIONS TO STAFF 340:2-3-73

Revised 7-1-07

1. Client contacts. Quarterly visits are made with each individual represented with a minimum of two home visits each year. In exceptional circumstances, the OCA advocate can forego a quarterly visit with a particular individual with prior approval of the advocate's supervisor provided:

(1) the advocate documents in a contact sheet the approval and the reason it was given; and

(2) at least semi-annual visits are made with the individual.

2. Service reviews. An advocate completes a service review every five to seven months for each client. Sources of information for completing the service review include a home visit, the home record, observations, incident reports, verbal accounts by clients and persons involved in their lives, and other documentation since the last service review. After filling out a service review on the database, the advocate fills out a contact sheet on the database with regard to the home visit and service review. The electronic number assigned to a service review is entered on the contact sheet in the appropriate box in the upper right-hand corner of the contact sheet screen. A completed service review is entered on the database within five work days of the home visit.

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