Okla. Stat. tit. 10, § 10-1430.3

The Department of Human Services shall have the power and duty

to:

1. Enforce any provision of the Group Homes for Persons with

Developmental or Physical Disabilities Act;

2. Issue, renew, deny, modify, suspend, and revoke licenses for

group homes pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act; provided,

however, providers of group home services that have a current

contract with the Developmental Disabilities Services Division or

the Oklahoma Health Care Authority to provide group home services

shall be deemed to be licensed;

3. Establish and enforce standards and requirements for

licensure and operation of group homes that are subject to the

provisions of the Group Homes for Persons with Developmental or

Physical Disabilities Act and require the submission of, and to

review, reports from any person establishing or operating a group

home;

4. Enter upon any public or private property for the purpose of

inspecting and investigating conditions of the residents in the

group home or for the purpose of inspecting and investigating the

home for compliance with the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act, or the

standards or requirements for licensure and operation of group homes

developed by the Department pursuant to the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act;

5. Employ or designate personnel to conduct investigations and

inspections, to make reports of the condition of group homes and the

residents of such homes, and to take necessary action pursuant to

the provisions of the Group Homes for Persons with Developmental or

Oklahoma Statutes - Title 10. Children Page 235

Physical Disabilities Act to protect and safeguard the health,

safety, and welfare of residents of homes;

6. Establish a procedure for receipt, investigation, and

resolution of complaints regarding a group home or concerning the

condition, care, and treatment of a resident of a home, a copy of

which procedure shall be distributed to all providers of group home

services and licensees;

7. Report to the district attorney having jurisdiction or the

Attorney General any act committed by a provider, licensee,

administrator, operator, or employee of a group home which may

constitute a misdemeanor pursuant to the provisions of the Group

Homes for Persons with Developmental or Physical Disabilities Act;

8. Advise, consult, and cooperate with other agencies of this

state, the federal government, other states and interstate agencies,

and with affected groups and political subdivisions to further the

purposes of the provisions of the Group Homes for Persons with

Developmental or Physical Disabilities Act;

9. Develop and enforce rules to implement the provisions of the

Group Homes for Persons with Developmental or Physical Disabilities

Act. Such rules shall include, but not be limited to, physical

conditions which shall protect the health, safety, and welfare of

the residents in a group home as outlined in the Group Homes for

Persons with Developmental or Physical Disabilities Act, safe

storage and administration of medications, health-related services

as defined in Section 1020 of Title 56 of the Oklahoma Statutes,

rights of group home residents and competency-based training

requirements for group home staff;

10. Investigate, request or otherwise obtain the information

necessary to determine the qualifications and background of an

applicant for licensure or contract;

11. Establish civil penalties for violations of the provisions

of the Group Homes for Persons with Developmental or Physical

Disabilities Act pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act;

12. Institute and maintain or intervene in any action or

proceeding where deemed necessary by the Department to protect the
icensure or contract;

11. Establish civil penalties for violations of the provisions

of the Group Homes for Persons with Developmental or Physical

Disabilities Act pursuant to the provisions of the Group Homes for

Persons with Developmental or Physical Disabilities Act;

12. Institute and maintain or intervene in any action or

proceeding where deemed necessary by the Department to protect the

health, safety, and welfare of any resident of a group home;

13. Transfer or discharge a resident or otherwise protect the

health, safety, and welfare of any resident of a group home;

14. Develop and disseminate a form to all providers of group

home services which shall be signed and witnessed by each direct

care staff member working with residents notifying the staff member

that the staff member may be prosecuted criminally for having sexual

contact with a person in their care; and

15. Exercise all incidental powers as necessary and proper for

the administration of the Group Homes for Persons with Developmental

or Physical Disabilities Act.

Oklahoma Statutes - Title 10. Children Page 236