(a) Purpose. Developmental Disabilities Services Division (DDSD) contracts with an agency to maintain a system to recruit, screen, match, monitor, and support volunteer guardians and advocates for eligible service recipients. To be eligible, the service recipient must:
(b) Responsibilities of DDSD.
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(1) When the need for a guardian or advocate has been determined through the capacity assessment process, per OAC
OAC 340:100-3-5, the DDSD case manager forwards Form 06MP032E, Capacity Assessment, with a recommendation for a volunteer guardian or advocate to the DDSD case management supervisor. If volunteer guardianship is recommended, documentation of attempts made to locate a guardian, among those who are eligible per OAC
OAC 340:100-3-5, must be included.
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(2) The DDSD case management supervisor reviews the documents, and if approved, forwards the documents to the guardianship coordinator.
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(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 or advocate.
(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.
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(A) An immediate family member, spouse, parent, sibling, or adult child, of an ineligible person cannot serve as a volunteer guardian.
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(B) An extended family member of an ineligible person cannot serve as a volunteer guardian when there is evidence that financial interdependence exists.
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(2) Employees of DDSD cannot serve as volunteer guardians.
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(A) An immediate family member, spouse, parent, sibling, or adult child, of the DDSD employee cannot serve as a volunteer guardian, if the employee is a member of the service recipient's Personal Support Team (Team).
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(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 Team.
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(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.
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(5) Potential guardians must:
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(A) pass a background check including, but not limited to a check of the OKDHS Community Services Worker Registry;
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(B) possess the willingness and ability to devote time and energy to serve as guardian;
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(C) be certified by the volunteer guardianship agency; and
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(D) approved by the Team.
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(6) A volunteer guardian:
(d) Volunteer advocate eligibility requirements. DDSD supports the recruitment of volunteers from outside the service delivery system to avoid potential conflicts of interest.
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(1) Non-DDSD OKDHS employees, contract providers, and employees of contract providers may serve as volunteer advocates when:
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(A) an ongoing relationship exists with the service recipient; and
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(B) they are not providing direct services to the service recipient and are not employed by a provider agency or OKDHS division that provides services to the service recipient.
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(2) DDSD employees may not serve as volunteer advocates.
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(3) Any exceptions to the selection of a volunteer advocate, per
OAC 340:100-3-5.1 must be approved by the DDSD director or designee.
(e) Responsibilities of a volunteer guardian. The responsibilities of a volunteer guardian are outlined in OAC 340:100-3-5.
(f) Responsibilities of a volunteer advocate. A volunteer advocate assists the service recipient in making decisions and supports the service recipient in preserving his or her rights and obtaining necessary services. Such support may include:
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(1) advocating for the service recipient;
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(2) assisting the service recipient in decision making;
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(3) reviewing the quality of services provided to the service recipient;
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(4) attending the Individual Plan (IP) meeting or other meeting(s);
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(5) assisting the service recipient with finances;
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(6) accompanying the service recipient to medical appointments; or
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(7) assisting the service recipient in completing applications.
(g) Responsibilities of a temporary volunteer advocate. The assistance of a temporary advocate is requested when a service recipient or Team seeks a guardianship dismissal in order to restore full decision making rights to the service recipient. The responsibilities of a temporary volunteer advocate include:
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(1) filing a petition on behalf of the service recipient as an interested party so the request for restoration of capacity can be heard in court; and
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(2) after capacity is restored, continuing to be available to the service recipient for support and guidance for a period of no more than six months.
(h) Guardianship voucher. 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 after certification by the volunteer guardianship agency, and approval by the Team and, if able, the service recipient. Court involvement is not required to establish volunteer advocacy, therefore the voucher is not available in such cases.
(i) Monitoring of volunteer guardians and advocates. Monitoring of the volunteer guardians and advocates is provided by the volunteer guardianship agency according to requirements specified in the OKDHS contract with the agency.
(j) Training requirements for volunteer guardians and advocates. Volunteers must participate in training regarding understanding and defining advocacy, developing effective advocacy skills, working effectively with service recipients and Teams, community inclusion, Oklahoma's service delivery system, and confidentiality. Volunteer guardians must participate in additional training regarding guardianship responsibilities, duties, and limitations.
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(1) Training is provided by the volunteer guardianship agency at no cost to the volunteer.
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(2) Volunteers receive orientation from volunteer guardianship agency regarding applicable OKDHS rules and procedures regarding volunteer programs.
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(3) Volunteer guardians proceed with knowledge 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.
(k) Responsibilities of volunteer guardianship agency. Duties of the volunteer guardianship agency include:
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(1) recruiting volunteers to serve as guardians and advocates;
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(2) obtaining background checks of potential volunteer guardians and advocates;
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(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;
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(4) submitting proposed volunteers to the Personal Support Team for review and approval;
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(5) arranging visits between potential volunteers and service recipients;
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(8) providing technical assistance as requested by the volunteer or DDSD case manager, including:
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(A) attending any team meetings;
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(B) accompanying the volunteer on home visits;
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(C) reviewing legal or specific documents or records regarding the service recipient; and
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(D) providing reminders of due dates for annual court reports, and if needed, providing assistance to complete the reports.