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340:110-3-153.1. Personnel
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Revised 7-1-10
(a) Personnel policy. Personnel policy includes, but is not limited to, defining staff, essential job functions, qualifications, and lines of authority.
(b) Staff and responsibilities. The facility recruits staff that have specialized skills, knowledge, and the cultural understanding and competencies necessary for quality residential care services.
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(1) Executive director. The facility employs an executive director, superintendent, or administrator. In the absence of the executive director, a person is designated as in charge.
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(A) The executive director, superintendent, or administrator is responsible for employing persons possessing adequate education, training, and experience to perform the essential functions of the job assigned.
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(B) The executive director is responsible for implementing the policies adopted by the governing board.
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(C) The executive director is responsible for the ongoing operation of the facility.
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(2) Program director. The program director is responsible for implementing and supervising the facility's programs and services. The executive director may also serve as the program director, if the director meets the qualifications listed in subsection (d)(2) of this Section.
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(3) Social services staff. The social services staff is responsible for admission assessments, placement services, counseling, casework services to residents and their families, service plans, service plan reviews, and discharge plans.
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(4) Child care staff. The child care staff is responsible for meeting the needs of residents, taking into account their age, physical and mental condition, and other factors that affect the amount of attention indicated.
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(5) Support staff. The support staff is responsible for providing support duties.
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(6) On-call and part-time staff. On-call and part-time staff is responsible for the duties of the position to which they are assigned.
(c) Volunteers. If a facility uses volunteers, the facility has current, written volunteer policy.
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(1) Volunteers counted in the staff to child ratio meet all requirements for child care staff.
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(2) Volunteers receive orientation before having contact with residents.
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(3) Volunteers work under the direct supervision of the executive director or a designated staff member.
(d) Executive director and program director qualifications. The executive director, superintendent, or administrator, and program director possess adequate education, training, and experience to perform the essential functions of the position.
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(1) In a facility where the executive director operates primarily as an administrator and employs a program director, an executive director hired after June 15, 1990 has a minimum of a bachelor's degree from an accredited college or university.
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(2) A person hired after June 15, 1990, who is solely responsible for direct program supervision, whether the executive director or the program director, meets one of the qualifications in (A) - (D) of this paragraph:
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(A) a bachelor's degree in a behavioral science or other related area of study from an accredited college or university and three years of experience in children's services;
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(B) a master's degree in social work, psychology, guidance and counseling, sociology, child development, human relations, or other related area of study from an accredited college or university and two years of experience in children's services;
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(C) a doctorate in medicine, social work, psychology, guidance and counseling, sociology, child development, human relations, or other related area of study from an accredited college or university and one year of experience in children's services; or
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(D) for programs specializing in substance abuse treatment, the program director is a Qualified Substance Abuse Professional (QSAP).
(e) Child care and supervisory staff qualifications. Child care and supervisory staff possess adequate education, training, and experience to perform the essential functions of the position.
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(1) All child care workers are 21 years of age or older.
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(2) Staff hired after June 15, 1990, have a high school diploma or its equivalent within one year of employment.
(f) Social services staff qualifications. Social services staff whether employees or contractors possess adequate education, training, and experience to perform the essential functions of the position.
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(1) Social services supervisory staff, hired after June 15, 1990, who are responsible for developing and implementing the facility's social services program, meet one of these qualifications:
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(A) a bachelor's degree in social work from an accredited college or university;
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(B) a bachelor's degree in behavioral science, social science, or other related area of study from an accredited college or university and one year of experience in children's services; or
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(C) for programs specializing in substance abuse treatment, the social services supervisory staff is supervised by a QSAP.
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(2) Social services staff hired after June 15, 1990, who provide only casework services have a bachelor's degree in a related area of study from an accredited college or university.
(g) Employment requirements. Staff meet the requirements outlined in this subsection.
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(1) References. The facility obtains a minimum of three references for all staff prior to employment.
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(A) References include the date, interview questions, responses, and the interviewer's signature.
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(B) Copies of references are maintained in the employee's personnel record.
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(2) Tuberculin test. Upon employment, each employee has a documented mantoux (PPD) tuberculin skin test with a booster, if needed, within the previous 12 months, unless the employee shows medical verification of a previous positive skin test.
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(A) Only tests read by a physician or nurse are accepted.
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(B) Employees with a new positive tuberculin skin test reaction have a chest x-ray. Employees with a previous history of a positive skin test present documentation of a chest x-ray. Further x-rays are not required unless signs or symptoms suggestive of tuberculosis develop.
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(C) Employees with a positive skin test reaction submit annual documentation by medical personnel that signs or symptoms of tuberculosis are not present.
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(3) Performance evaluation. Each employee has a written job performance evaluation at least annually, which is maintained in the employee's personnel record.
(h) Criminal history investigations. Staff criminal history investigations are maintained in a confidential manner, separate from the individual's personnel record. [10 O.S. § 404.1]
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(A) documentation of a search conducted within the last 30 days of the Child Care Restricted Registry for persons (C)(i) - (ii);
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(B) a completed criminal history investigation conducted within the last 12 months including dispositions on all charges; and
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(C) a criminal history review request on a form provided by licensing requesting an Oklahoma State Courts Network search for:
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(i) any person making application to establish or operate a child care facility;
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(ii) each applicant prior to employment, including all caregivers, substitutes, support staff, and any other person employed by the facility or program; or
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(iii) adults, including providers' spouses or adult children, who live in the child care facility.
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(2) Unsupervised access to children. The facility obtains a completed criminal history investigation for persons who have unsupervised access to children, such as lab students, Temporary Assistance for Needy Families (TANF), Work Experience Program (WEP) workers, volunteers, contracted staff, or janitors.
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(3) Exceptions. Criminal history investigations are not required for:
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(A) staff who move to a new facility operated by the same organization;
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(B) volunteers who have access to children when facility staff are present with children at all times;
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(C) contracted staff that provide transportation, lessons, or other services if facility staff are present with children at all times;
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(D) providers' children who become adults, age 18, during continuous residence at the licensed facility.
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(4) Authorized agencies. Criminal history investigations are acceptable only when:
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(A) conducted by the Oklahoma State Bureau of Investigation (OSBI); and
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(B) conducted by the appropriate agency in the previous state(s) of residence if the individual has resided in Oklahoma less than three years.
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(5) Sex Offender Registry. The OSBI report includes a search of the Oklahoma Department of Corrections files maintained by the OSBI pursuant to the Sex Offender Registration Act.
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(6) Verification of records search.
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(A) Prior to issuance of initial permit or change of ownership. The facility must receive criminal history review results from the OCCS licensing records office for all employees.
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(B) Existing facilities. The facility must submit a criminal history review request on a form provided by OKDHS to the OCCS licensing records office for all employees, prior to employment. This request for review must be maintained on file at the facility while awaiting the results.
(i) Prohibitions. The facility is restricted from knowingly hiring a person who:
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(1) has pending charges, unless waived by OCCS, entered a plea of guilty or nolo contendere, no contest, or been convicted of:
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(A) any criminal activity involving violence against a person;
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(B) child abuse or neglect;
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(C) possession, sale, or distribution of illegal drugs;
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(D) sexual misconduct;
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(E) gross irresponsibility or disregard for the safety of others;
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(F) animal cruelty; or
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(G) pattern of criminal activity.
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(2) is required to register pursuant to the Sex Offender Registration Act or Mary Rippy Violent Crime Offenders Registration Act. [ 57 O.S. § 581 et seq.] -
(3) is a registrant on the Child Care Restricted Registry.
(j) Request for waiver. The facility director may request a waiver from the restrictions listed in subsection (i) of this Section.
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(1) The waiver request is made in writing to OKDHS and considered by the waiver review committee.
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(2) The person for whom the waiver is requested cannot be employed until a decision is made.
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(3) A waiver may not be granted to any person:
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(A) convicted of a sex offense pursuant to the Sex Offender Registration Act;
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(B) required to register under the Mary Rippy Violent Crime Offenders Registration Act; or
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(C) identified as a registrant on the Child Care Restricted Registry.
(k) Restrictions. The restrictions contained in this subsection apply to employees and persons who provide services to the facility.
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(1) Persons who are employed by the facility or who provide services to the facility may not use or be under the influence of, alcohol or illegal drugs during hours of work.
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(2) If a staff member is alleged to have committed an act described in subsection (i) of this Section, the facility's executive director determines and documents whether the staff member is removed from contact with children until the allegation is resolved. However, if criminal charges are filed, the accused is removed from contact with children until the charges are resolved.
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(3) A person who has received a deferred sentence for any charge in paragraph (1) of subsection (i) of this Section is removed from contact with children for the duration of the deferment.
(l) Orientation. Staff receive orientation within 30 days of employment.
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(1) Staff who will work with residents receive orientation before being assigned as the primary staff responsible for residents.
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(2) Orientation includes, but is not limited to:
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(A) confidentiality;
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(B) resident grievance process;
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(C) fire and disaster plans;
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(D) suicide awareness and protocol;
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(E) emergency medical procedures;
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(F) organizational structure;
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(G) program philosophy;
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(H) personnel policy and procedure;
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(I) the mandatory reporting of child abuse; and
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(J) administrative policy and procedure regarding behavior management.
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(3) The OKDHS publication no. 86-78, Licensing Requirements for Residential Child Care Facilities, OKDHS is part of the orientation process and is available to staff at all times.
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(4) Orientation may be counted toward the total training hours for the first year.
(m) Staff training. Staff meet the requirements for training contained in (1) - (6) of this subsection.
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(1) Training for the administrator and program director. The administrator and program director obtain a minimum of 12 clock hours of continuing education per calendar year. Hours are prorated at one hour per month for staff who have not been employed for a full year. The content pertains to the roles and responsibilities of the position.
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(2) Training for social services staff. Social services staff, including licensed mental health professionals and those providing casework services, obtain a minimum of 12 clock hours of continuing education per calendar year. Hours are prorated at one hour per month for staff who have not been employed for a full year. The content pertains to the roles and responsibilities of the position.
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(3) Training for child care staff. Child care staff receive training.
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(A) Full-time child care staff obtain a minimum of 24 clock hours per calendar year of staff development courses. Hours are prorated at two hours per month for staff who have not been employed for a full year.
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(B) Part-time child care staff obtain a minimum of 12 clock hours per calendar year of staff development courses.
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(C) On-call or substitute child care staff obtain a minimum of six clock hours per calendar year of staff development courses.
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(D) The content for staff development courses for child care staff pertains to the roles and responsibilities of the position assigned.
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(E) When residents are in care on the program premises or on any program sponsored field trip, at least one staff is present who has current documentation of certification in age-appropriate first aid and cardio-pulmonary resuscitation (CPR). All other child care staff complete training in first aid and CPR, including infant and child if appropriate, within 90 days of employment. Child care staff maintain current training in CPR and first aid thereafter.
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(i) CPR training is conducted by an individual certified as an instructor through the:
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(I) American Red Cross;
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(II) Emergency Medical Services (EMS) Safety Services;
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(III) Emergency Care and Safety Institute;
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(IV) American Heart Association or American Heart sponsored CPR for Family and Friends; or
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(V) American Safety and Health Institute.
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(ii) First aid training is conducted by a person certified as a first aid instructor, or a health professional using a curriculum from an OKDHS approved source through:
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(I) Emergency Medical Services for Children (EMSC) First Care;
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(II) American Red Cross;
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(III) EMS Safety Services;
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(IV) Emergency Care and Safety Institute;
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(V) American Heart Association;
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(VI) American Safety and Health Institute;
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(VII) American Academy of Pediatrics First Aid for Caregivers and Teachers (PedFACTs); or
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(VIII) another OKDHS approved source.
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(4) Training for support staff. Support staff who occasionally provide instruction or training to residents obtain a minimum of six clock hours of staff development courses per calendar year. The content is relative to the role and responsibility of the position or relative to interacting with residents.
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(5) Behavioral intervention techniques. Within 30 days of employment, and prior to being solely responsible for residents, child care staff and those support staff that occasionally provide instruction or training to residents complete training or provide proof of current certification in behavioral intervention techniques that includes:
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(A) rules and appropriate consequences of various interventions;
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(B) techniques for early de-escalation and preventive intervention;
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(C) team approaches to behavior management;
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(D) verbal crisis intervention; and
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(E) safe and appropriate physical restraint.
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(6) Training for contracted personnel. Contracted personnel not providing direct care or counted in the supervision ratio are exempt from meeting staff training requirements as listed in subsection (m)(1) - (5) of this Section.
(n) Documentation. All orientation and training hours are documented and available for licensing staff to review. Documentation includes the names of staff members who attended, course title, course description, date, hours attended, and the trainer or facilitator.
(o) Personnel records. Facilities maintain personnel records for each employee.
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(1) The facility submits to OKDHS at the time of application:
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(A) a current list of employees; and
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(B) a staff information sheet, provided by OKDHS, for each employee.
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(2) The facility maintains on file a written personnel record for each employee working at the facility, which is kept for at least one year following an employee's separation from employment. The personnel record includes:
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(A) an application, resume, or staff information sheet that documents qualifications for the position;
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(B) any health records required by the facility;
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(C) documentation of the mantoux (PPD) tuberculin skin test and annual documentation by a health professional for child care staff who have had a positive tuberculin skin test reaction that signs or symptoms of tuberculosis are not present;
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(D) documentation of request and/or results of a criminal history review;
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(E) documentation that the individual is a non-registrant on the Child Care Restricted Registry;
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(F) other applicable criminal history records;
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(G) three references;
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(H) annual performance evaluations and any reports and notes relating to the individual's employment with the facility;
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(I) date of employment; and
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(J) date and reason for leaving employment.
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