Okla. Stat. tit. 10A, § 10A-1-9-112
This is the official text of Okla. Stat. tit. 10A, § 10A-1-9-112, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.
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Office of Client Advocacy
Official statutory text
A. 1. The State Commissioner of Health shall establish the
Office of Client Advocacy within the State Department of Health and
shall employ personnel necessary to carry out the provisions of this
section.
2. The head of the Office of Client Advocacy shall be the
Advocate General. The duties and responsibilities of the Advocate
General are to:
a. supervise personnel assigned to the Office of Client
Advocacy,
b. monitor and review grievance procedures and hearings,
c. establish and maintain a fair, simple, and expeditious
system for resolution of grievances of:
(1) all children in the custody of the Department of
Human Services regarding:
(a) the substance or application of any written
or unwritten policy or rule of the
Department or agent of the Department, or
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 237
(b) any decision or action by an employee or
agent of the Department, or of any child in
the custody of the Department,
(2) foster parents relating to the provision of
foster care services pursuant to this section and
Section 1-9-117 of this title, and
(3) all persons receiving services from the
Developmental Disabilities Services Division of
the Department of Human Services,
d. investigate allegations of abuse, neglect, sexual
abuse, and sexual exploitation, as those terms are
defined in the Oklahoma Children’s Code, by a person
responsible for a child, regardless of custody:
(1) residing outside his or her own home other than
children in foster care or children in the
custody of the Office of Juvenile Affairs and
placed in an Office of Juvenile Affairs secure
facility,
(2) in a day treatment program as defined in Section
175.20 of Title 10 of the Oklahoma Statutes, and
submit a report of the results of the
investigation to the appropriate district
attorney and to the State Department of Health,
(3) receiving services from a community services
worker as that term is defined in Section 1025.1
of Title 56 of the Oklahoma Statutes, and
(4) residing in a state institution listed in Section
1406 of Title 10 of the Oklahoma Statutes,
e. establish a system for investigating allegations of
misconduct, by a person responsible for a child, not
rising to the level of abuse, neglect, sexual abuse,
or sexual exploitation with regard to any child or
resident listed in subparagraph d of this paragraph,
f. coordinate any hearings or meetings of departmental
administrative review committees conducted as a result
of unresolved grievances or as a result of
investigations,
g. make recommendations to the State Commissioner of
Health, who shall then make recommendations to the
Director of Human Services, and provide regular or
special reports regarding grievance procedures,
hearings and investigations to the Director, the
Commissioner, the Office of Juvenile System Oversight,
and other appropriate persons as necessary,
h. forward to the Office of Juvenile System Oversight,
for the information of the Director of that office, a
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 238
copy of the final report of any grievance which is not
resolved in the favor of the complainant,
i. perform the duties imposed on the Office of Client
Advocacy under the Protective Services for Vulnerable
Adults Act when the Office is the appropriate state
entity as defined in Section 10-103 of Title 43A of
the Oklahoma Statutes,
j. perform such other duties as required by the State
Commissioner of Health, and
k. develop policies and procedures as necessary to
implement the duties and responsibilities assigned to
the Office of Client Advocacy.
B. The Office of Client Advocacy shall make a complete written
report of its investigations. The investigation report, together
with its recommendations, shall be submitted to the appropriate
district attorney’s office.
C. 1. Except as otherwise provided by the Oklahoma Children’s
procedures as necessary to
implement the duties and responsibilities assigned to
the Office of Client Advocacy.
B. The Office of Client Advocacy shall make a complete written
report of its investigations. The investigation report, together
with its recommendations, shall be submitted to the appropriate
district attorney’s office.
C. 1. Except as otherwise provided by the Oklahoma Children’s
Code, the reports required by Section 1-2-101 of this title or any
other information acquired pursuant to the Oklahoma Children’s Code
shall be confidential and may be disclosed only as provided in
Section 1-2-108 of this title and the Oklahoma Children’s Code.
2. Except as otherwise provided by the Oklahoma Children’s
Code, any violation of the confidentiality requirements of the
Oklahoma Children’s Code shall, upon conviction, be a misdemeanor
punishable by up to six (6) months in jail, by a fine of Five
Hundred Dollars ($500.00), or by both such fine and imprisonment.
3. Any records or information disclosed as provided by this
subsection shall remain confidential. The use of any information
shall be limited to the purpose for which disclosure is authorized.
Rules promulgated by the State Commissioner of Health shall provide
for disclosure of relevant information concerning Office of Client
Advocacy investigations to persons or entities acting in an official
capacity with regard to the subject of the investigation.
4. Nothing in this section shall be construed as prohibiting
the Office of Client Advocacy or the Department of Human Services
from disclosing such confidential information as may be necessary to
secure appropriate care, treatment, or protection of a child alleged
to be abused or neglected.
D. 1. The Office of Client Advocacy shall investigate any
complaint received by the Office of Juvenile System Oversight
alleging that an employee of the Department of Human Services or a
child-placing agency has threatened a foster parent with removal of
a child from the foster parent, harassed a foster parent, or refused
to place a child in a licensed or certified foster home, or
disrupted a child placement as retaliation or discrimination towards
a foster parent who has:
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 239
a. filed a grievance pursuant to Section 1-9-120 of this
title,
b. provided information to any state official or
Department of Human Services employee, or
c. testified, assisted, or otherwise participated in an
investigation, proceeding, or hearing against the
Department of Human Services or child-placing agency.
2. The provisions of this subsection shall not apply to any
complaint by a foster parent regarding the result of a criminal,
administrative, or civil proceeding for a violation of any law,
rule, or contract provision by that foster parent, or the action
taken by the Department of Human Services or a child-placement
agency in conformity with the result of any such proceeding.
3. The Office of Client Advocacy shall at all times be granted
access to any foster home or any child-placing agency which is
certified, authorized, or funded by the Department of Human
Services.
Office of Client Advocacy within the State Department of Health and
shall employ personnel necessary to carry out the provisions of this
section.
2. The head of the Office of Client Advocacy shall be the
Advocate General. The duties and responsibilities of the Advocate
General are to:
a. supervise personnel assigned to the Office of Client
Advocacy,
b. monitor and review grievance procedures and hearings,
c. establish and maintain a fair, simple, and expeditious
system for resolution of grievances of:
(1) all children in the custody of the Department of
Human Services regarding:
(a) the substance or application of any written
or unwritten policy or rule of the
Department or agent of the Department, or
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 237
(b) any decision or action by an employee or
agent of the Department, or of any child in
the custody of the Department,
(2) foster parents relating to the provision of
foster care services pursuant to this section and
Section 1-9-117 of this title, and
(3) all persons receiving services from the
Developmental Disabilities Services Division of
the Department of Human Services,
d. investigate allegations of abuse, neglect, sexual
abuse, and sexual exploitation, as those terms are
defined in the Oklahoma Children’s Code, by a person
responsible for a child, regardless of custody:
(1) residing outside his or her own home other than
children in foster care or children in the
custody of the Office of Juvenile Affairs and
placed in an Office of Juvenile Affairs secure
facility,
(2) in a day treatment program as defined in Section
175.20 of Title 10 of the Oklahoma Statutes, and
submit a report of the results of the
investigation to the appropriate district
attorney and to the State Department of Health,
(3) receiving services from a community services
worker as that term is defined in Section 1025.1
of Title 56 of the Oklahoma Statutes, and
(4) residing in a state institution listed in Section
1406 of Title 10 of the Oklahoma Statutes,
e. establish a system for investigating allegations of
misconduct, by a person responsible for a child, not
rising to the level of abuse, neglect, sexual abuse,
or sexual exploitation with regard to any child or
resident listed in subparagraph d of this paragraph,
f. coordinate any hearings or meetings of departmental
administrative review committees conducted as a result
of unresolved grievances or as a result of
investigations,
g. make recommendations to the State Commissioner of
Health, who shall then make recommendations to the
Director of Human Services, and provide regular or
special reports regarding grievance procedures,
hearings and investigations to the Director, the
Commissioner, the Office of Juvenile System Oversight,
and other appropriate persons as necessary,
h. forward to the Office of Juvenile System Oversight,
for the information of the Director of that office, a
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 238
copy of the final report of any grievance which is not
resolved in the favor of the complainant,
i. perform the duties imposed on the Office of Client
Advocacy under the Protective Services for Vulnerable
Adults Act when the Office is the appropriate state
entity as defined in Section 10-103 of Title 43A of
the Oklahoma Statutes,
j. perform such other duties as required by the State
Commissioner of Health, and
k. develop policies and procedures as necessary to
implement the duties and responsibilities assigned to
the Office of Client Advocacy.
B. The Office of Client Advocacy shall make a complete written
report of its investigations. The investigation report, together
with its recommendations, shall be submitted to the appropriate
district attorney’s office.
C. 1. Except as otherwise provided by the Oklahoma Children’s
procedures as necessary to
implement the duties and responsibilities assigned to
the Office of Client Advocacy.
B. The Office of Client Advocacy shall make a complete written
report of its investigations. The investigation report, together
with its recommendations, shall be submitted to the appropriate
district attorney’s office.
C. 1. Except as otherwise provided by the Oklahoma Children’s
Code, the reports required by Section 1-2-101 of this title or any
other information acquired pursuant to the Oklahoma Children’s Code
shall be confidential and may be disclosed only as provided in
Section 1-2-108 of this title and the Oklahoma Children’s Code.
2. Except as otherwise provided by the Oklahoma Children’s
Code, any violation of the confidentiality requirements of the
Oklahoma Children’s Code shall, upon conviction, be a misdemeanor
punishable by up to six (6) months in jail, by a fine of Five
Hundred Dollars ($500.00), or by both such fine and imprisonment.
3. Any records or information disclosed as provided by this
subsection shall remain confidential. The use of any information
shall be limited to the purpose for which disclosure is authorized.
Rules promulgated by the State Commissioner of Health shall provide
for disclosure of relevant information concerning Office of Client
Advocacy investigations to persons or entities acting in an official
capacity with regard to the subject of the investigation.
4. Nothing in this section shall be construed as prohibiting
the Office of Client Advocacy or the Department of Human Services
from disclosing such confidential information as may be necessary to
secure appropriate care, treatment, or protection of a child alleged
to be abused or neglected.
D. 1. The Office of Client Advocacy shall investigate any
complaint received by the Office of Juvenile System Oversight
alleging that an employee of the Department of Human Services or a
child-placing agency has threatened a foster parent with removal of
a child from the foster parent, harassed a foster parent, or refused
to place a child in a licensed or certified foster home, or
disrupted a child placement as retaliation or discrimination towards
a foster parent who has:
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 239
a. filed a grievance pursuant to Section 1-9-120 of this
title,
b. provided information to any state official or
Department of Human Services employee, or
c. testified, assisted, or otherwise participated in an
investigation, proceeding, or hearing against the
Department of Human Services or child-placing agency.
2. The provisions of this subsection shall not apply to any
complaint by a foster parent regarding the result of a criminal,
administrative, or civil proceeding for a violation of any law,
rule, or contract provision by that foster parent, or the action
taken by the Department of Human Services or a child-placement
agency in conformity with the result of any such proceeding.
3. The Office of Client Advocacy shall at all times be granted
access to any foster home or any child-placing agency which is
certified, authorized, or funded by the Department of Human
Services.
Status: in_force · Read it on the official government site
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