Okla. Admin. Code § 310:678-5-4

Current through Vol. 42, No. 7, December 16, 2024

Section 310:678-5-4 - [Effective until 9/14/2025] Foster parent grievances

(a)Application. This Section describes processes relating to foster parent grievances. Section 1-9-120 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-9-120) confers on OCA the responsibility to establish grievance procedures for foster parents contracting with state agencies or child-placing agencies.

(b)Definitions. The definitions in Oklahoma Administrative Code (OAC) OAC 310:678-1-2 and 310:678-5-1(b) apply to this Section unless the context clearly indicates otherwise.

(c)Notice of grievance rights. The prescribed form approved by OSDH regarding Notice of Grievance Rights of Foster Parents, is given to each foster parent when approved as an OKDHS foster parent, at reassessment, and with each new placement. It is given to the foster parent by the Child Welfare Services (CWS) specialist assigned to the foster home within two business days of the approval, reassessment, or placement. The Notice of Grievance Rights of Foster Parents Form is used to explain the foster parent's right to grieve and to inform the foster parent of the means through which a grievance may be filed. After the foster parent signs The Notice of Grievance Rights of Foster Parents Form, a copy is given to the foster parent and the original is maintained in the permanent record for the foster parent.

(d)Grievance defined. Foster parents may file grievances with respect to the provision or receipt of services.

(1)Grievable issues. Except for the limitations listed in (d)(2) of this Section, matters that are the subjects of a grievance include:

(A) the substance or application of any OKDHS policy, rule, or regulation; or

(B) a decision, act, or omission of an OKDHS employee.

(2)Non-grievable issues. When it is determined the foster parent is asking to grieve a problem or concern covered in OAC 310:678-5-1(c)(2) or by any of the categories listed in (A) through (G) of this paragraph, the Office of Client Advocacy (OCA) Intake Unit must notify the Foster Care Ombudsman (FCO). It is the FCO's or designee's responsibility to notify the foster parent in writing, why the grievance is not being processed. In addition to OAC 310:678-5-1(c)(2), situations that are not grievable by foster parents under this grievance system are:

(A) a court decision;

(B) findings of a child abuse and neglect assessment or investigation in a foster home. The process for appealing these findings is located at OAC 340:75-3-530;

(C) disposition of a fair hearing regarding closure of a foster home. The fair hearing process regarding closure of a foster home is located at OAC 340:75-7-94;

(D) disputes with other foster parents;

(E) written plans of compliance. The foster parents provide written input on the compliance documentation;

(F) a decision not to return a child in OKDHS custody to a foster home after removal due to a child abuse or neglect investigation. The fair hearing process is located at OAC 340:75-1-12.6; and

(G) a complaint alleging retaliation by an OKDHS employee. When retaliation is alleged, the complaint is forwarded to the OCA Investigations Unit for review and disposition.

(3)Retaliation or harassment allegations. Retaliation or harassment allegations, per OAC 310:678-3-8, are processed, per that Section.

(4)Discrimination allegations. Discrimination or non-compliance allegations based on race, color, national origin, sex, age, religion, disability, political affiliation or opinion, or genetic information unless authorized by law are referred to the OKDHS Office for Civil Rights and the FCO immediately forwards the complaint to the OKDHS OCR administrator, and informs the foster parent in writing.

(e)Filing and processing a grievance.

(1) Foster parent grievances are filed with the Oklahoma Commission on Children and Youth (OCCY) Office of Juvenile System Oversight. Foster parent dispute resolutions must be accomplished quickly, informally, and at the lowest possible level.

(2) Foster parent grievances must be filed within 45 calendar days of the event. For a grievance to be considered valid, a complaint must be timely filed at OKfosterparentvoices.org. When a course of misconduct is alleged, the foster parent grievance must be filed within 45 calendar days of the most recent occurrence.

(3) After the grievance procedure is completed, a foster parent or former foster parent has a right of access to the record of grievances he or she filed.

(4) Foster parent grievances are deemed timely-resolved within no more than 60 calendar days of the complaint filing date.

(f)Initial Resolution Level.

(1) Within three business days following receipt of the grievance, the FCO identifies the respondent and submits the grievance and supporting documentation to the respondent.

(2) The FCO monitors the respondent for a timely response. Within three business days following receipt of the grievance from the FCO, the respondent reviews the grievance, prepares a proposed resolution, and submits the resolution to the FCO. The FCO may grant an extension to the respondent, when requested. When a timely response is not received the FCO may proceed to first elevation.

(3) Within three business days following receipt of the respondent's proposed resolution, the FCO or designee sends written notice to the decision-maker containing the proposed resolution and information on the right to elevate the grievance when dissatisfied with the proposed resolution.

(4) The decision-maker has three business days to accept or reject the proposed resolution. Failure to respond to the proposed resolution is deemed acceptance of the resolution. When the decision-maker rejects the respondent's resolution at the initial resolution level, the grievance proceeds to the first elevation unless the decision-maker requests mediation.

(g)Foster parent mediation. When the decision-maker rejects the respondent's proposed resolution, the decision-maker may request grievance mediation.

(1) When the decision-maker chooses not to request mediation after rejecting the respondent's proposed resolution, the grievance proceeds to the first elevation.

(2) When the decision-maker requests mediation, all deadlines are suspended while mediation is ongoing. When a foster parent requests an extension in order to pursue mediation through OCCY Foster Parent Mediation Program, per 10 O.S. § 601.6, the FCO must grant the requested extension. The grievance is not processed until mediation is completed, and grievance timeframes are suspended for the duration of the mediation. When mediation resolves the original grievance, the foster parent(s) may withdraw the grievance or the FCO may declare the grievance administratively resolved. When a foster parent grieves and requests mediation of the dispute through the OCCY mediation program before filing a grievance alleging retaliation, the FCO computes deadlines from the date mediation concluded.

(3) When the grievance is not resolved through mediation, the grievance proceeds to the first elevation.

(h)First elevation.

(1) Within three business days after the grievant requests first elevation, the FCO identifies the first elevation respondent and submits the complaint and supporting documentation to the first elevation respondent.

(2) The FCO monitors timely response by the first elevation respondent. Within five business days following receipt of the grievance from the FCO, the first elevation respondent reviews the grievance, prepares a proposed resolution, and submits the resolution to the FCO. The FCO may grant an extension to the respondent, when requested. When a timely response is not received the FCO may proceed to the second elevation.

(3) Within three business days following receipt of the first elevation respondent's proposed resolution, the FCO sends written notice including the proposed resolution and information on the grievant's right to elevate the grievance when the decision-maker is dissatisfied with the proposed resolution.

(4) The decision-maker has three business days to accept or reject the proposed resolution. Failure to respond to the proposed resolution is deemed acceptance of the resolution. When the decision-maker opts to reject the first elevation respondent's proposed resolution, the grievance proceeds to the second elevation.

(i)Second elevation.

(1) Within three business days after the decision-maker requests a second elevation, the FCO prepares and sends (A) through (D) of this paragraph to the State Office administrator with decision-making authority to respond to the subject of the grievance. The FCO sends:

(A) a copy of the complaint;

(B) all prior proposed resolutions;

(C) all of the decision-maker's responses to all prior proposed resolutions; and

(D) instructions for response, including any relevant deadlines.

(2) Within seven-business days following receipt of the grievance from the FCO, the State Office administrator reviews the grievance, interviews the foster parent and any other necessary persons, prepares a proposed resolution, and submits the resolution to the FCO. The proposed resolution must be on OKDHS letterhead and include:

(A) the proposed resolution and implementation;

(B) the person or persons responsible for implementing the proposed resolution;

(C) the target date for the proposed resolution;

(D) the facts and analysis supporting the proposed resolution including relevant documentation; and

(E) any relevant rules, policies, procedures, regulations, or other information.

(3) The FCO monitors the timely response by the State Office administrator. The FCO may grant an extension, when requested. When a timely response is not received, the FCO may proceed to the Grievance and Review Committee (GARC), per OAC 310:678-7-3. The FCO notifies the grievant and the affected State Office administrator that the grievance is being processed for GARC.

(4) Within three-business days following receipt of the proposed resolution, the FCO sends written notice to the decision-maker containing the proposed resolution and information on the right to elevate the grievance when dissatisfied with the proposed resolution.

(5) The decision-maker has three-business days to accept or reject the proposed resolution. Failure to respond to the proposed resolution is deemed acceptance of said resolution. When the decision-maker rejects the State Office administrator's proposed resolution, the grievance proceeds to GARC.

(j)GARC review. A GARC review is conducted, per OAC 310:678-7-3.

Okla. Admin. Code § 310:678-5-4

Adopted by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 11/1/2024, exp. 9/14/2025 (Emergency)