Okla. Stat. tit. 10, § 10-1430.2

As used in the Group Homes for Persons with Developmental or

Physical Disabilities Act:

1. "Abuse" as defined by the Protective Services for Vulnerable

Adults Act means causing or permitting:

a. the infliction of physical pain, injury, sexual abuse,

sexual exploitation, unreasonable restraint or

confinement, or mental anguish, or

b. the deprivation of nutrition, clothing, shelter,

health care, or other care or services without which

serious physical or mental injury is likely to occur

to a vulnerable adult by a caretaker or other person

providing services to a vulnerable adult;

2. "Access" means the right of a person to enter a group home

to communicate privately and without unreasonable restriction;

3. "Administrator" means the person designated by the provider

who has authority and responsibility for the programs and operation

of a group home;

4. "Advisory Board" means the Group Homes for Persons with

Developmental or Physical Disabilities Advisory Board established by

Section 1430.4 of this title;

5. "Advocate" means an adult designated in writing selected by

the resident to assist the resident in exercising the rights of such

resident;

6. "Applicant" means a person, corporation, limited liability

company, partnership, association, or other entity which is being

considered by the Department of Human Services for a license with

the Department to provide group home services;

7. “Case manager” means a staff member who is responsible for

ensuring that services to a resident are planned and provided in a

coordinated fashion;

8. "Commission" means the Commission for Human Services;

9. "Contract" means the binding legal agreement to provide

group home services, entered into between the provider and the

Developmental Disabilities Services Division of the Department of

Human Services or the Oklahoma Health Care Authority (OHCA);

Oklahoma Statutes - Title 10. Children Page 231

10. "DDSD" means the Developmental Disabilities Services

Division of the Department of Human Services;

11. "Department" means the Department of Human Services;

12. "Developmental disability" means a severely chronic

disability of a person which:

a. is attributable to a physical or mental impairment or

a combination of physical and mental impairments,

b. is manifested before the person attains the age of

twenty-two (22) years,

c. is likely to continue indefinitely,

d. results in substantial functional limitations in three

or more of the following areas of major life activity:

(1) self-care,

(2) receptive and expressive language,

(3) learning,

(4) mobility,

(5) self-direction,

(6) capacity for independent living, or

(7) economic self-sufficiency, and

e. reflects the need of the person for a combination and

sequence of special interdisciplinary or generic care,

treatment or other services which are of lifelong or

extended duration and are individually planned and

coordinated;

13. "Director" means the Director of Human Services;

14. "Exploitation" means the unjust or improper use of the

resources of a group home resident for the profit or advantage,

pecuniary or otherwise, of a person other than the group home

resident through the use of undue influence, coercion, harassment,

duress, deception, false representation, or false pretense, as

defined by the Protective Services for Vulnerable Adults Act;

15. "Group home for persons with developmental or physical

disabilities" means any establishment for not more than twelve

residents who are eighteen (18) years of age or older and who have

developmental or physical disabilities, which offers or provides

supervision, residential accommodations, food service, and training

and skill development opportunities designed to lead to increased

independence of the residents and which offers or provides

supportive assistance to any of its residents requiring supportive

assistance;

16. "Guardian" means a court-appointed representative or

conservator;
or physical disabilities, which offers or provides

supervision, residential accommodations, food service, and training

and skill development opportunities designed to lead to increased

independence of the residents and which offers or provides

supportive assistance to any of its residents requiring supportive

assistance;

16. "Guardian" means a court-appointed representative or

conservator;

17. "Habilitation" means services designed to assist

individuals in acquiring, retaining, and improving the self-help,

socialization, and adaptive skills necessary to reside successfully

in home and community-based settings;

Oklahoma Statutes - Title 10. Children Page 232

18. "Home" or "group home" means a group home for persons with

developmental or physical disabilities;

19. “Indecent exposure” means forcing or requiring a resident

to:

a. look upon the body or private parts of another person

or look upon sexual acts performed in the presence of

the resident, or

b. touch or feel the body or private parts of another;

20. "Licensee" means a person, corporation, partnership,

limited liability company, or association who is the operator of a

home which is licensed pursuant to the provisions of the Group Homes

for Persons with Developmental or Physical Disabilities Act;

21. "Neglect" as defined by the Protective Services for

Vulnerable Adults Act means:

a. the failure to provide protection for a group home

resident who is unable to protect his or her own

interests,

b. the failure to provide adequate shelter, nutrition,

health care, or clothing, or

c. negligent acts or omissions that result in harm or the

unreasonable risk of harm to a vulnerable adult

through the action, inaction, or lack of supervision

by a caretaker providing direct services;

22. "Physical disability" means a condition which causes the

restricted use of the extremities by an individual or affects other

bodily functions of an individual and which requires the specialized

training, habilitation or rehabilitation services provided by a

group home;

23. “Program coordinator” means a person employed by a provider

or a licensee who is responsible for the supervision, coordination,

and monitoring of services to a resident receiving services provided

by the provider or licensee;

24. "Provider" means a person, corporation, partnership,

limited liability company, association, or other entity that

contracts with the Developmental Disabilities Services Division of

the Department of Human Services or the Oklahoma Health Care

Authority to operate a group home for persons with developmental or

physical disabilities;

25. "Resident" means a person receiving services in a group

home for persons with developmental or physical disabilities;

26. “Sexual abuse” as defined in the Protective Services for

Vulnerable Adults Act means:

a. oral, anal, or vaginal penetration of a resident by or

through the union with the sexual organ of a caretaker

or other person providing services to the resident, or

the anal or vaginal penetration of a resident by a

Oklahoma Statutes - Title 10. Children Page 233

caretaker or other person providing services to the

resident with any other object,

b. for the purpose of sexual gratification, the touching,

feeling, or observation of the body or private parts

of a resident by a caretaker or other person providing

services to the resident, or

c. indecent exposure by a caretaker or other person

providing services to the resident;

27. “Sexual exploitation” as defined in the Protective Services

for Vulnerable Adults Act includes, but is not limited to, a

caretaker causing, allowing, permitting, or encouraging a resident

to engage in prostitution, or in the lewd, obscene, or pornographic

photographing, filming, or depiction of the resident as those acts

are defined by state law;

28. "Supervision" means the provision of on-site staffing in
ation” as defined in the Protective Services

for Vulnerable Adults Act includes, but is not limited to, a

caretaker causing, allowing, permitting, or encouraging a resident

to engage in prostitution, or in the lewd, obscene, or pornographic

photographing, filming, or depiction of the resident as those acts

are defined by state law;

28. "Supervision" means the provision of on-site staffing in

the group home or on the premises of the group home when a resident

is present who requires on-site staffing, as determined by the team

of the resident. Supervision also includes provision of necessary

staff support, as documented in the individual plan of each service

recipient, when the service recipient is in the community, except

when the service recipient is engaged in employment, vocational

services, or adult day services;

29. "Supportive assistance" means the service rendered to a

service recipient which is sufficient to enable the service

recipient to meet an adequate level of daily living. Supportive

assistance includes, but is not limited to, training and supervision

of service recipients, assistance in housekeeping, assistance in the

preparation of meals, and assistance in activities of daily living

as necessary for the health and comfort of service recipients;

30. "Transfer" means a change in location of living

arrangements of a resident from one group home to another group

home;

31. “Team” means the group of people responsible for service

planning, implementation, and monitoring of the individual plan.

The team includes:

a. the person receiving services,

b. the case manager of the person receiving services, if

applicable,

c. the legal guardian of the person receiving services,

if the service recipient has a legal guardian,

d. the advocate(s) of the person receiving services, if

there is an advocate, who may be a parent, family

member, friend, or another who knows the service

recipient well,

e. the program coordinator or designee, and

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f. any other person whose participation is necessary to

achieve the outcomes included in the individual plan;

and

32. “Verbal abuse” as defined in the Protective Services for

Vulnerable Adults Act means the use of words, sounds, or other

communication including, but not limited to, gestures, actions or

behaviors, by a caretaker or other person providing services to a

resident that is likely to cause a reasonable person to experience

humiliation, intimidation, fear, shame, or degradation.