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340:110-5-6. Organization and administration
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Revised 6-1-06
(a) Purpose. The purpose or function of the child-placing agency (agency) is clearly defined in a statement filed with the Oklahoma Department of Human Services (OKDHS). This includes the philosophy, goals and objectives, ages and characteristics of children accepted for care, geographical area of service, and types of services provided.
(b) Organizational structure. The legal basis or ownership of the agency is fully documented and submitted to OKDHS with the initial application for a license.
- (1) Publicly operated agency. Documentation of a publicly operated agency identifies the statutory basis of the agency and the administrative framework of the governmental entity that operates the agency.
- (2) Privately operated agency. A privately operated agency submits:
- (A) as applicable, the charter, partnership agreement, constitution, and articles of incorporation resolution authorizing the agency operation;
- (B) the names, titles, addresses, and telephone numbers for:
- (i) association members or corporate officers for nonprofit agencies; or
- (ii) owners, partners, or corporate officers of for-profit agencies;
- (C) the physical address in Oklahoma where child-placing business is conducted; and
- (D) a notification informing OKDHS of any change in the legal basis for operation or ownership before the change occurs.
(c) Governing and advisory boards. Private nonprofit agencies establish a governing board and may also have an advisory board. Private for-profit agencies without a governing board have an advisory board.
- (1) The governing board:
- (A) meets at least twice a year and maintains accurate minutes of each meeting;
- (B) maintains ultimate responsibility for governing and delegates responsibility for administration of the agency to the executive director;
- (C) specifies in the constitution and bylaws the responsibilities of and relationship between the governing board and executive director, and submits them to OKDHS;
- (D) submits to OKDHS a current list of names, titles, addresses, and telephone numbers of the members of the governing board;
- (E) members receive an orientation to board responsibilities upon appointment; and
- (F) is composed of a minimum of five members, the majority of whom:
- (i) may not be made up of agency staff members; and
- (ii) reside in Oklahoma. Multi-state operations may have a governing board outside Oklahoma if they establish local advisory boards that meet the requirements in this subsection.
- (2) The advisory board:
- (A) meets at least twice a year;
- (B) is comprised of members, the majority of whom:
- (i) reside in Oklahoma; and
- (ii) may not be staff members of the agency;
- (C) provides advice and counsel to the agency on the policies and operation of the agency, reflects local concerns, and represents the program to the community; and
- (D) submits to OKDHS a current list of names, addresses, and telephone numbers of the members of the advisory board.
(d) Policy.
- (1) Agency policy:
- (A) is clearly written and kept current;
- (B) includes, but is not limited to, areas governing personnel, admission, program, behavior management, and care of children; and
- (C) is available at the agency for Division of Child Care Licensing staff to review.
- (2) The agency maintains current written policy and procedure:
- (A) regarding a child who is absent without permission. If a child is not located, the agency immediately notifies the child's custodian and the appropriate law enforcement agency. Efforts to locate the child and notify appropriate persons are documented;
- (B) regarding grievance issues related to children. Grievance policy and procedure are explained, and a copy is provided to each child and the child's parents or custodian;
- (C) regarding religious training that is made known to the child and family prior to admission or placement. All children are provided an opportunity to participate in religious services;
- (D) for the care of children, including medical services and safe transportation by staff, volunteers, and foster parents, that complies with all applicable state laws; and
- (E) for reporting child abuse and neglect.
(e) Notifications. The agency:
- (1) notifies Licensing:
- (A) on the next working day when:
- (i) the agency is temporarily or permanently closed;
- (ii) the executive director is changed; or
- (iii) damage to the premises caused by fire, accident, or the elements seriously affects the provision of services; and
- (B) prior to making any program change;
- (2) submits a detailed written report for any serious incident involving staff or children, including, but not limited to:
- (A) suicide attempts;
- (B) injuries requiring medical treatment;
- (C) runaways;
- (D) commission of a crime; and
- (E) allegations of abuse, neglect, or mistreatment. The date and time of the incident, name(s) of the staff and children involved, the nature of the incident, and the circumstances surrounding it are included in the report.
- (i) In accordance with Section 7103 of Title 10 of the Oklahoma Statutes, any person who has reason to believe a child has been abused or neglected is required to report the matter promptly to the county office of OKDHS or the statewide toll-free Child Abuse Hot Line, 1-800-522-3511.
- (ii) Failure to report abuse or neglect of a child is a misdemeanor offense and upon conviction is punishable by law.
(f) Records. Agency records pertaining to child-placing activity are maintained within the state of Oklahoma and are made immediately accessible to authorized representatives of OKDHS.
(g) Legal compliance. The agency follows all applicable state and federal laws, including:
- (1) The Oklahoma Adoption Code Sections 7501-1.1 through 7505-7.2 of Title 10 of the Oklahoma Statutes;
- (2) The Interstate Compact on the Placement of Children Section 571 of Title 10 of the Oklahoma Statutes; and
- (3) Federal and state Indian Child Welfare Acts, Section 1901 et seq. of Title 25 of the United States Code and Sections 40 through 40.9 of Title 10 of the Oklahoma Statutes.
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