(a) Purpose. Developmental Disabilities Services Division (DDSD) contracts with an agency to maintain a system to recruit, screen, match, monitor, and support volunteer guardians for eligible service recipients. To be eligible, the service recipient must:
- (1) be assigned a DDSD case manager;
- (2) have been determined through the capacity assessment process, per OAC 340:100-3-5, to need a guardian; and
- (3) have no relative appropriate to serve as guardian.
(b) Responsibilities of DDSD.
- (1) When the need for a guardian has been determined through the capacity assessment process, per OAC 340:100-3-5, and a potential guardian is not identified by the Assessment Team, the DDSD case manager forwards Form 06MP032E, Capacity Assessment, with a recommendation for a volunteer guardian to the DDSD case management supervisor. Documentation of attempts made to locate a guardian, among those who are eligible per OAC 340:100-3-5, must be included.
- (2) The DDSD case management supervisor reviews the documents and, if approved, forwards the documents to the guardianship coordinator.
- (3) The guardianship coordinator reviews Form 06MP032E and, if approved, makes a referral to the volunteer guardianship agency to initiate the process to recruit a volunteer guardian.
(c) Volunteer guardianship eligibility requirements. In addition to requirements per OAC 340:100-3-5, eligibility criteria for volunteer guardians listed in (1) through (6) apply.
- (1) A corporate officer, member of the board of directors, owner, operator, administrator, or employee of a facility subject to provisions of Section 1-1901 et seq. of Title 63 of the Oklahoma Statutes (63 O.S. § 1-1901 et seq.) or 10 O.S. § 1430.1 et seq. or any other DDSD provider is ineligible to be appointed volunteer guardian of a person receiving services from that provider agency or provider.
- (A) An immediate family member of an ineligible person cannot serve as a volunteer guardian.
- (B) An extended family member of an ineligible person cannot serve as a volunteer guardian when there is evidence that financial interdependence exists.
- (2) Employees of DDSD cannot serve as volunteer guardians.
- (A) An immediate family member of the DDSD employee cannot serve as a volunteer guardian, if the employee is a member of the service recipient's Personal Support Team.
- (B) An extended family member of the DDSD employee cannot serve as a volunteer guardian when there is evidence that financial interdependence exists, and the employee is a member of the service recipient's Personal Support Team.
- (3) Any exceptions to the selection of a volunteer guardian, per OAC 340:100-3-5.1(c)(1) and (2) must be approved by the DDSD director or designee.
- (4) Employees of Oklahoma Department of Human Services (OKDHS) cannot serve as volunteer guardians for residents of Northern Oklahoma Resource Center of Enid (NORCE), Southern Oklahoma Resource Center (SORC), or Robert M. Greer Center (Greer), per 10 O.S. § 1415.
- (5) Potential guardians must:
- (A) pass a background check including, but not limited to a check of the OKDHS Community Services Worker Registry;
- (B) possess the willingness and ability to devote time and energy to serve as guardian;
- (C) be certified by the volunteer guardianship agency; and
- (D) approved by the Personal Support Team.
- (6) A volunteer guardian:
- (A) supports the philosophy and values consistent with the DDSD mission statement per OAC 340:100-1-3.1; and
- (B) serves no more than two wards unless approved in advance in writing by the DDSD director or designee.
(d) Responsibilities of a volunteer guardian. The responsibilities of a volunteer guardian are outlined in OAC 340:100-3-5.
(e) Guardianship voucher. After certification by the volunteer guardianship agency and approval by the Personal Support Team and, if able, the service recipient, the volunteer applies for and receives Form 06MP031E, Guardianship Voucher, per OAC 340:100-3-5.2, to pay the attorney fee necessary to file the guardianship petition.
(f) Monitoring of volunteer guardians. Monitoring of the volunteer guardian is provided by the volunteer guardianship agency according to requirements specified in the OKDHS contract with the agency.
(g) Training requirements for volunteer guardians. Volunteer guardians must participate in training regarding guardianship responsibilities, duties, and limitations.
- (1) Training is provided by the volunteer guardianship agency with no cost to the volunteer guardian.
- (2) Volunteer guardians receive orientation to applicable OKDHS rules and procedures regarding volunteer programs. Volunteer guardians are informed they are not covered by 51 O.S. § 151 et seq., The Governmental Tort Claims Act, as they are not authorized to act on behalf of OKDHS, nor can they be so authorized without creating a conflict of interest in their roles as guardians.
(h) Responsibilities of volunteer guardianship agency. Duties of the volunteer guardianship agency include:
- (1) recruiting volunteers to serve as guardians;
- (2) obtaining background checks of potential volunteer guardians;
- (3) contacting references. The volunteer guardianship agency contacts a minimum of three references. If responses are negative or if three references cannot be found, the volunteer is not considered;
- (4) submitting volunteer guardianship recommendations to the Personal Support Team for review and approval;
- (5) arranging visits between potential volunteer guardians and service recipients;
- (6) providing guardianship training and orientation on OKDHS rules and procedures, including 51 O.S. § 151 et seq.;
- (7) monitoring in accordance with OAC 340:100-3-5.1(f); and
- (8) providing technical assistance as requested by the volunteer guardian or DDSD case manager, including:
- (A) attending any team meetings;
- (B) accompanying the volunteer on home visits;
- (C) reviewing legal or specific documents or records regarding the service recipient; and
- (D) providing reminders of due dates for annual court reports and, if needed, providing assistance to complete the reports.