COMMENT DUE DATE:
February 14, 2013
DATE:
January 14, 2013
Dena Thayer, OIRP Programs Administrator (405) 521-4326
RE:
APA WF 12-22
The proposed policy is Permanent . This proposal is subject to the Administrative Procedures Act
The proposed policy is permanent and the proposed effective date is July 1, 2013.
CHAPTER 1. FUNCTION AND STRUCTURE OF THE DEPARTMENT OKLAHOMA DEPARTMENTOF HUMAN SERVICES
Subchapter 1. General Provisions
OAC 340:1-1-1 through 340:1-1-2 [AMENDED]
OAC 340:1-1-3 [REVOKED]
OAC 340:1-1-4 [AMENDED]
OAC 340:1-1-17 [AMENDED]
OAC 340:1-1-18 [REVOKED]
OAC 340:1-1-19 [AMENDED]
(Reference WF 12-22)
SUMMARY:The proposed revisions to Subchapter 1 of Chapter 1 amend rules to comply with Constitution and Statute changes.
SUBSTANTIVE CHANGES:
OAC 340:1-1-1 and 340:1-1-2 are amended to reflect revisions to the Oklahoma Department of Human Services (OKDHS) legal authority and to update language.
OAC 340:1-1-3 is revoked as the Commission for Human Services no longer exists.
OAC 3401-1-4 is amended to reflect the Director of Human Services duties.
OAC 340:1-1-17 is amended to reflect the creation of the citizen advisory panels and update information regarding the OKDHS organization chart.
OAC 340:1-1-18 is revoked as it is not needed since strategic planning is statutorily mandated.
OAC 340:1-1-19 is amended to reflect current practices.
PERMANENT RULEMAKING APPROVAL IS REQUESTED.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); 25 O.S. §§ 301 through 314; and Article XXV, Sections 2 and 4 of the Oklahoma Constitution repealed November 6, 2012.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Dena Thayer, programs administrator
Office of Intergovernmental Relations and Policy
Date:January 7, 2013
Re:CHAPTER 1. FUNCTION AND STRUCTURE OF THE DEPARTMENT OKLAHOMA DEPARTMENT OF HUMAN SERVICES
Subchapter 1. General Provisions
OAC 340:1-1-1 through 340:1-1-2 [AMENDED]
OAC 340:1-1-3 [REVOKED]
OAC 340:1-1-4 [AMENDED]
OAC 340:1-1-17 [AMENDED]
OAC 340:1-1-18 [REVOKED]
OAC 340:1-1-19 [AMENDED]
(Reference WF 12 22)
Contact:Dena Thayer 405-521-4326
A.Brief description of the purpose of the proposed rule:
Purpose.The proposed revisions to Subchapter 1 of Chapter 1 amend rules to comply with Constitution and Statute changes.
Strategic Plan impact. The proposed rules support the Oklahoma Department of Human Services (OKDHS) goals by continuously improving systems and processes.
Substantive changes.
OAC 340:1-1-1 and 340:1-1-2 are amended to reflect revisions to the Oklahoma Department of Human Services (OKDHS) legal authority and to update language.
OAC 340:1-1-3 is revoked as the Commission for Human Services no longer exists.
OAC 3401-1-4 is amended to reflect the Director of Human Services duties.
OAC 340:1-1-17 is amended to reflect the creation of the citizen advisory panels and update information regarding the OKDHS organization chart.
OAC 340:1-1-18 is revoked as it is not needed since strategic planning is statutorily mandated.
OAC 340:1-1-19 is amended to reflect current practices.
Reasons. The proposed revisions bring OKDHS into compliance with the Constitution and Oklahoma Statutes.
Repercussions. The proposed rules make OKDHS compliant with the Constitution and Oklahoma Statutes.If the proposed revisions are not implemented, OKDHS will not be in compliance with the Constitution or state Statute.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (56 O.S. § 162); 25 O.S. §§ 301 through 314; and Article XXV, Sections 2 and 4 of the Oklahoma Constitution repealed November 6, 2012.
Permanent approval. Permanent rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are the citizens of Oklahoma and the recipients of OKDHS services.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit are Oklahoma citizens as well as OKDHS recipients.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: The revised rules do not have an economic impact on the affected entities. There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency: The probable cost to OKDHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. The revised rules will result in enhanced delivery of service to OKDHS recipients.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or nonregulatory methods or less intrusive methods for complying with state mandates.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: Implementation of the proposed rule revisions will bring the rules into compliance with state Statutes, that will positively impact the health, safety, and well-being of the citizens of Oklahoma.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rule revisions are not implemented, rules will not be in compliance with state Statutes and the Constitution.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared December 17, 2012. Modified January 7, 2013.
CHAPTER 1. FUNCTION AND STRUCTURE OF THE DEPARTMENT OKLAHOMA DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER 1. GENERAL PROVISIONS
340:1-1-1. Purpose
Revised 5-27-04 11-00-12
This Chapter describes the Oklahoma Department of Human Services (OKDHS) organizational structure and function of the Oklahoma Department of Human Services (OKDHS).It includes the legal basis and outlines other rules governing overall operation of OKDHS and includes the legal basis and other rules governing OKDHS operations.
340:1-1-2. Legal basis
Revised 5-27-04 Revised11-00-12
The Oklahoma Department of Public Welfare was created by an amendment to the Constitution of the State of Oklahoma adopted by a vote of the people on July 7, 1936.Article XXV of the Constitution created the Oklahoma Public Welfare Commission, later designated by statute as the Commission for Human Services and provided for the selection of a Director of Public Welfare, now identified as the Director of Human Services.The position of Director of Human Services is authorized by Section 162 of Title 56 of the Oklahoma Statutes.The responsibilities of the Oklahoma Department of Human Services, and the Director's authority to see those responsibilities are carried out, are found in Titles 10, 10A, 56, 62, 63, and 74 of the Oklahoma Statutes.
340:1-1-3. The Commission for Human Services [REVOKED]
Revised 5-27-04
(a) Article XXV of the Constitution of the State of Oklahoma places the Department of Human Services under the control of the Commission for Human Services.The Commission is composed of nine members appointed by the Governor and selected on the basis of recognized interest in public welfare.Terms of office of the Commission members are for nine years each, with the term of one commission member expiring each year.One member of the Commission is designated by the Governor as chairman.Commission members receive no compensation for their services but are reimbursed for necessary travel and other expenses actually incurred in the performance of their official duties.
(b) The Commission selects a Director of Human Services, who is not a member of the Commission, to serve as the executive and administrative officer of the Department.The Commission is responsible for formulating Department policies and adopting rules and regulations for the effective administration of the duties of the Department.The Commission has the authority to accept monies, gifts, and bequests of real and personal property, which become available for operation of programs under the jurisdiction of the Department.The meetings of the Commission are subject to the Open Meetings Act.[25 O.S. § 301-314]
340:1-1-4. Director of Human Services
Revised 5-27-04 11-00-12
(a) The Director of Human Services (Director) serves, at the pleasure of the Commission for Human Services (Commission) Governor with Senate confirmation, as the Oklahoma Department of Human Services (OKDHS) chief executive and administrative officer of the Oklahoma Department of Human Services (OKDHS).Under the oversight of the Commission, the The Director is charged with the responsibility for day-to-day the daily direction of the activities necessary for OKDHS to attain its mission.
(b) The Director's duties include: are described in Section 162 of Title 56 of the Oklahoma Statutes.
(1) ensuring that OKDHS is working toward the mission and the goals established by the Commission and the Director through aggressive implementation of the planning and budgeting system;
(2) serving as staff to the Commission by providing necessary input for decision making and ensuring that actions approved by the Commission are carried out;
(3) developing and maintaining cooperative relationships with federal and state lawmakers and other officials to ensure the fulfillment of the OKDHS mission;
(4) maximizing all available resources for the delivery of services to the clients OKDHS is charged to serve;
(5) serving as the chief spokesperson for OKDHS and advocate for OKDHS clients it serves;
(6) ensuring the coordination of services with other state agencies;
(7) selecting staff capable of carrying out the OKDHS mission for the areas immediately under the Director's supervision by:
(A) establishing job descriptions and specifications for each of those positions;
(B) delegating authority to complete duties assigned; and
(C) overseeing the accomplishment of assigned responsibilities; and
(8) directly supervising the:
(A) administrator, Office for Civil Rights;
(B) advocate general, Office of Client Advocacy;
(C) chief administrative officer, Administrative Services;
(D) chief coordinating officer, Vertically Integrated Services Divisions;
(E) chief financial officer, Finance Division;
(F) chief information officer, Data Services Division;
(G) chief operating officer, Human Services Centers;
(H) general counsel, Legal Division; and
(I) inspector general, Office of Inspector General.
340:1-1-17. Organizational structure
Revised 5-27-04 11-00-12
(a) Commission for Human Services (Commission).The Oklahoma Department of Human Services (OKDHS) is governed by a nine-member Commission.Each Commissioner is appointed by the Governor of Oklahoma to serve a nine-year term.The Commission selects a Director of Human Services (Director) who is responsible for oversight of OKDHS. Citizen advisory panels.Section 162.1b of Title 56 of the Oklahoma Statutes creates four citizen advisory panels (Panels) each with five members for issues regarding children and families, aging, disabilities, and administration.The Panels' purpose is to evaluate OKDHS core program and administrative areas and develop recommendations to improve them.The Panels provide advice, information, findings, and analysis to the Director of Human Services(Director) on Oklahoma Department of Human Services (OKDHS) policies and practices outcomes and their impact.At the call of the Director, all Panels meet together at least one time per year in a Joint Citizens Advisory Panel.
(b) Organizational chart. OKDHS is organized as the Director and Commission deem desirable deems appropriate to carry out achieve the OKDHS mission.Organizational charts are available upon request to OKDHS Administrative Services provides organizational charts upon request.
(c) Offices and divisions within the OKDHS.The functions of the offices and divisions within OKDHS are outlined in this subsection.
(1) Administrative Services.The chief administrative officer serves as coordinator of the administrative divisions within OKDHS and provides oversight of divisions that report directly to the Director.Administrative divisions under Administrative Services are:
(A) Human Resources Management Division (HRMD);
(B) Support Services Division (SSD);
(C) Office of Communications;
(D) Office of Volunteerism;
(E) Office of Information and Referral;
(F) Office of Intergovernmental Relations and Policy (OIRP); and
(G) the divisions responsible for the functions that report directly to the Director, which are:
(i) Office of Client Advocacy;
(ii) Office of Inspector General; and
(iii) Office for Civil Rights.
(2) Legal Division.The general counsel serves as the coordinator of the Legal Division and as chief legal counsel to the Commission and the Director.
(3) Human Services Centers.The chief operating officer serves as coordinator of services delivered through offices in each county.Divisions within the Human Services Centers are:
(A) Family Support Services Division (FSSD);
(B) Children and Family Services Division (CFSD); and
(C) Field Operations Division (FOD).
(4) Information Services Divisions.The chief information officer serves as coordinator of OKDHS information technology.Divisions and offices within information services are:
(A) Data Services Division (DSD);
(B) Office of Planning, Research, and Statistics (OPRS);
(C) Enterprise Project Management Office; and
(D) Information Security Office.
(5) Financial services.The chief financial officer serves as coordinator of the Finance Division and is responsible for the coordination of OKDHS financial services.
(6) Vertically Integrated Services Divisions.The chief coordinating officer serves as coordinator of program divisions, which have vertically integrated administrations.For example, field staff and program design staff are under the same administrative structure.Divisions included in the vertically integrated services are:
(A) Aging Services Division (ASD);
(B) Oklahoma Child Care Services (OCCS);
(C) Oklahoma Child Support Services (OCSS); and
(D) Development Disabilities Services Division (DDSD).
340:1-1-18. Strategic planning [REVOKED]
Revised 4-25-09
(a) Strategic planning.Strategic planning:
(1) is an ongoing process that assists the Director of Oklahoma Department of Human Services (OKDHS) in managing the activities of OKDHS to support the OKDHS mission;
(2) allows OKDHS to be more responsive in a rapidly changing environment;
(3) uses organizational assessments to provide the foundation for the development and implementation of strategy; and
(4) assists OKDHS leadership, including the Director, Oklahoma Commission for Human Services (Commission), and executive team in establishing the mission, values, and vision.
(A) Organizational divisions collaborate to identify relevant goals and objectives based on organizational competencies and mandates.
(B) All core activities of OKDHS are aligned to implement the mission of OKDHS.
(b) The OKDHS mission describes the purpose of the agency.The OKDHS mission is to help individuals and families in need help themselves lead safer, healthier, more independent and productive lives.The Commission reaffirmed the mission on June 12, 2007.
(c) The OKDHS values describe the manner in which staff strives to work.The OKDHS values and guiding principles, approved by the Commission on June 12, 2007, are described in (1) through (5).
(1) Safety.We protect and serve vulnerable adults and children and reduce the risk of harm to individuals and families.
(2) Respect.We treat everyone with courtesy, promote mutual respect, and honor individual and cultural differences.
(3) Family.
(A) We build on the strengths in each family.
(B) Healthy families are the foundation of a healthy society.
(4) Relationships.We promote honest, dependable, and compassionate relationships and partnerships to build healthy families and communities.
(5) Excellence.We deliver prompt, accurate and courteous service in a fiscally responsible manner.
(d) The OKDHS vision describes the business direction of the agency.OKDHS promotes:
(1) an engaged local community.
(A) A community is a place or group of people that promotes individual responsibility and the shared responsibility for the care of its vulnerable members.Interdependent, trustworthy relationships form healthy communities that meet the needs of its members.
(B) OKDHS will be a trustworthy, dependable, participating member of the communities we serve.The healthy relationships we develop promote individual, family, and child well-being.OKDHS will be flexible in the development and delivery of meaningful services;
(2) creative solutions to complex challenges.OKDHS will continually seek new solutions that help the individuals and families we serve;
(3) a technological advantage.OKDHS will operate with greater knowledge, efficiency and effectiveness through improved technological solutions that add value to services and reduce costs;
(4) positive outcomes.OKDHS will equip individuals and families to make life choices that help them lead safer, healthier, more independent and productive lives through education and training; and
(5) partnerships with others.OKDHS will partner with public and private organizations to produce the best outcomes possible for the individuals and families we serve.
(e) Goals.OKDHS goals are developed to focus all activities of the agency toward attaining the OKDHS mission, values, and vision.Goals are projected for long-term outcomes and reviewed annually by the Director to ensure their continued appropriateness.Identified changes in the OKDHS goals are submitted to the Commission for approval.Outcome measures are identified for each goal and approved by the Director.Targets are set for critical success measures, which are tracked on a monthly basis.
(f) Key indicators.Key indicators are performance measures for OKDHS business functions.Each division director or designee is responsible for establishing key indicators and setting targets against which performance is measured.The Director conducts a quarterly review of key indicator performance.
340:1-1-19. Open Meeting Act
Revised 7-1-13
All meetings of the Oklahoma Department of Human Services (OKDHS) public meetings are conducted in compliance with the Oklahoma Open Meeting Act.[25 O.S. § 301 through 314]The Office of Communications Oklahoma Secretary of State website serves as the open meeting clearinghouse for all open meetings and has the responsibility to file the proper notices with the Secretary of State.¢ 1 & 2
INSTRUCTIONS TO STAFF
Revised 7-1-13
1.(a) Posting meetings with the Oklahoma Secretary of State (SOS).Division representatives email meetingnotices@sos.ok.gov to gain access permission for posting division open meeting notices on the Oklahoma SOS website. The email includes:
(1) representative's name;
(2) division; and
(3) public entity for which representative is posting meetings.
(a)(b) Regularly scheduled open meetings.In October of each year the Office of Communications sends an electronic memorandum to all Oklahoma Department of Human Services (OKDHS) entities requesting information regarding all regularly scheduled open meetings for the coming year.The required information for all regularly scheduled open meetings for the coming year is filed with the Secretary of State Oklahoma SOS by December 15th of each year.
(b)(c) Special open meetings.
(1) When a special open meeting is scheduled, at At least 48 hours prior to the scheduled special open meeting, the Oklahoma Department of Human Services (OKDHS) entity conducting the meeting must posts the special meeting information on the Oklahoma SOS website submit to the Office of Communications by e-mail the meeting:
(A) date;
(B) time; and
(C) location, including the finding address.
(2) The Office of Communications must file the required information with the Secretary of State at least 48 hours before the special open meeting.
(c)(d) Cancellation of open meetings.When an OKDHS entity conducting an opening meeting becomes aware the open meeting is cancelled, the Office of Communications must be notified immediately.Cancellation cancellation information is also immediately filed with the Secretary of State immediately Oklahoma SOS.
2.(e) At least 24 hours prior to all open meetings, excluding Saturdays, Sundays, and legal holidays, the OKDHS entity conducting the meeting must display displays in a prominent public location of the building where the meeting will be held a notice of the meeting notice.The notice includes the meeting:
(A)(1) date;
(B)(2) time;
(C)(3) location, including the finding address; and
(D)(4) agenda.
