(a) Death of any person receiving DDSD services. If a person receiving DDSD services dies, the DDSD area manager, resource center administrator, or designee ensures immediate notification of the DDSD State Medical Director and Division Administrator or designee(s).
(b) Death of a person receiving residential services. If a person receiving community residential supports as defined in OAC 340:100-5-22.1, resource center services; or group home services dies, the area manager, resource center administrator, or designee implements procedures, as appropriate, to ensure immediate notification of:
- (1) the person's family member(s) or guardian or both by case management staff or provider agency staff;
- (2) the office of the Chief Medical Examiner, in accordance with Section 938 of Title 63 of the Oklahoma Statutes; • 1
- (3) the County Sheriff's office or the city police department, as well as the District Attorney, in the event of accidental, suicidal, or homicidal death;
- (4) the Division of Children and Family Services if the person was under the age of 18, and if there is suspicion that the death was the result of abuse or neglect, in accordance with OAC 75:3-9.1;
- (5) the Office of Client Advocacy in the event of the death of a Hissom class member or a person served at a public Intermediate Care Facility for the Mentally Retarded (ICF/MR);
- (6) the state office of Adult Protective Services, if the death of an adult receiving community services provides reasonable suspicion of abuse or neglect;
- (7) the state office of DDSD Quality Assurance, for administrative inquiry in accordance with OAC 340:100-5-27, if there is any concern raised with regard to the death that could pose a risk to others served by the agency; and
- (8) other individuals whose notification is required by litigation.
(c) Death review. A death review is a systematic review of circumstances surrounding the death of a person receiving community residential supports, resource center services, or group home services; and is conducted to:
- (1) identify practices or rules in need of amendment;
- (2) determine whether personnel action is warranted; and
- (3) recommend strategies for service enhancement on a local or statewide basis.
(d) Death reviewer. When a person receiving community residential services or group home services dies, the area manager or designee names a Reviewer from a designated pool of trained DDSD Death Reviewers. • 2
(e) Provider agency policies. Each provider agency establishes and implements policies and procedures which describe actions taken in response to the death of a person receiving services, including notification of the DDSD area manager or designee.
(f) Provider agency responsibilities. Each residential service provider:
- (1) immediately notifies the DDSD area manager, resource center administrator, or designee;
- (2) immediately notifies the person's family member(s) or guardian or both;
- (3) assists the DDSD area manager, resource center administrator, or designee, if requested, in notification of authorities, as described in subsection (a) of this Section;
- (4) immediately relinquishes to DDSD the residential or vocational record or both, or supplies a legible, complete photocopy;
- (5) secures written incident statements from all staff who worked with the person receiving services 24 hours prior to the person's death;
- (6) assists the DDSD reviewer in coordinating witness interviews and other needs; and
- (7) preserves the scene of death.
(g) Law enforcement. DDSD staff and contract providers cooperate fully with law enforcement authorities in the investigation of the death of an individual receiving services.