340:75-1-114. Placement provider and residential care contractor requirements related to Human Immunodeficiency Virus (HIV)
Residential care and foster parent requirements related to Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). Placement providers and contractors of residential care are advised regarding possible placement of a child in Oklahoma Department of Human Services (OKDHS) custody who is HIV or AIDS infected.
(1) Residential care contractors. OKDHS requires residential care contractors to have policy and procedures that prohibit discrimination toward the child with HIV infection. Per Section 1-502.1 of Title 63 of the Oklahoma Statutes (63 O.S. § 1-502.1), private providers of residential care for children, excluding foster parents, must establish written policy and procedures for addressing the medical and security needs of children who are at risk for HIV infection, HIV seropositive, or medically diagnosed with AIDS. Required written policy and procedures include, but are not limited to:
(A) universal precautions for preventing transmission of communicable diseases;
(B) staff education and training regarding AIDS and HIV infection;
(C) nondiscrimination clause for the child who has any contagious disease, including HIV infection;
(D) statement of confidentiality and procedures for obtaining informed written consent for testing and release of HIV test results, including disclosure to others, consistent with Part 9 of OAC 340:75-1;
(E) guidelines for determining when the child is offered serologic testing;
(F) guidelines to educate the child about the transmission of HIV infection and precautions to prevent transmission; and
(G) procedure for separate and confidential case records on the health status of the child who is:
(i) tested for HIV;
(ii) HIV seropositive; or
(iii) medically diagnosed with AIDS.
(2) Foster parents. Foster parents utilize universal precautions to prevent transmission of communicable diseases.
(b) Release of HIV-related information from a contracted placement provider or other third party. When a source other than the child, child's parent, legal guardian, or custodian provides HIV/AIDS-related information to OKDHS, OKDHS obtains informed written consent from the child's parent or legal guardian or custodian for the release of information. When the parent or legal guardian or custodian:
(1) refuses to provide written consent for the release of the HIV/AIDS-related information from the third party, OKDHS considers the information false; or
(2) provides written consent for the release of HIV/AIDS-related information from a third party, OKDHS proceeds with case management for the child at risk for HIV infection.
(c) The child's disclosure of HIV/AIDS status and HIV risk exposure behaviors. When a child in OKDHS custody disclosed his or her HIV/AIDS status or engages in HIV risk exposure behaviors, the child is counseled regarding consequences that may result from the child's deliberate disclosure and behaviors.
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INSTRUCTIONS TO STAFF 340:75-1-114
1.Child's disclosure of his or her Human Immunodeficiency Virus (HIV) status to others.The Child Welfare (CW) specialist counsels the child who freely and deliberately discloses to others that the child is HIV infected.The CW specialist explains to the child:
(1) personal consequences that may result from deliberate disclosure, such as stigma, social isolation from peers, name calling; and
(2) the confidentiality of HIV-related information.
2.HIV infected child's engagement in risk exposure behavior with others.When a child who is HIV infected engages in behaviors that are high risk for the transmission of HIV, the CW specialist:
(1) explains that he or she understands the child's right to self-determination, but that it is a criminal offense to knowingly put others at risk of infection;
(2) when the child persists in the risk exposure behavior, notifies Oklahoma State Department of Health (OSDH), Epidemiology Section, that the child is HIV infected and continues to engage in risk exposure behavior with others;
(3) provides the OSDH Epidemiology Section with the child's name, address, and essential facts;
(4) when the OSDH Epidemiology Section does not respond within 24 hours, notifies the director of OSDH HIV/Sexually Transmitted Disease (STD) Service that no action has been taken; and
(5) when the child continues to engage in risk exposure behavior with others, prior to counseling by OSDH, refers the matter to the local district attorney.