Okla. Admin. Code § 310:678-7-1

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

Section 310:678-7-1 - [Effective until 9/14/2025] Grievance and Abuse Review Committee (GARC)

(a)Legal basis and authority. The legal basis and authority for the rules in this Part are found in Section 1-9-112 of Title 10A of the Oklahoma Statutes (O.S. 10A § 1-9-112).

(b)Definitions. The definitions in Oklahoma Administrative Code (OAC) 310:678-1-2, 310:678-3-1, and 310:678-3-8 apply to this Part unless the context clearly states otherwise.

(c)Purpose. This Section establishes an administrative review committee to review:

(1) unresolved contested grievances of Oklahoma Human Services (OKDHS) clients listed in OAC 310:678-5-1(a)(2) and processed per OAC 310:678-5-2 through 310:678-5-9;

(2) unresolved grievances of foster parents filed per O.S. 10A § 1-9-120 and processed per OAC 310:678-5-4; and

(3) an issue affecting the care and treatment of a minor in OKDHS custody placed in a private or public facility not operated by OKDHS, or in a foster home.

(d)GARC composition.

(1) GARC is composed of at least three voting members the Commissioner of Health appoints. The Commissioner of Health designates one member to serve as chair and appoints substitute members as needed.

(2) The advocate general is an ex officio member of GARC. The advocate general designates a member of his or her staff to attend GARC meetings in the advocate general's absence.

(e)GARC responsibilities. GARC meets as needed. The advocate general or designee establishes the date and time of each meeting. GARC members review the agenda material prior to the GARC meeting.

(f)GARC meetings.

(1) The advocate general or designee coordinates GARC meetings. This includes:

(A) arranging the dates for GARC meetings;

(B) establishing the agenda for GARC meetings;

(C) eight calendar days prior to a GARC meeting, notifying all involved administrators and state office administrators of the GARC meeting date;

(D) transmitting agenda material to GARC members three business days prior to a meeting;

(E) recording the GARC findings and recommendations;

(F) preparing GARC reports in consultation with GARC members;

(G) granting time extensions for good cause shown; and

(H) distributing GARC reports.

(2) The GARC chair conducts a GARC meeting in the manner that in his or her discretion furthers the meeting's purposes.

(3) At the GARC meeting's conclusion, the matter is taken under advisement and the GARC chair informs interested parties of the results in a written report.

Okla. Admin. Code § 310:678-7-1

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