COMMENT DUE DATE:
March 28, 2016
DATE:
March 17, 2016
Dawn Leemon, Office of Client Advocacy 405-522-2877
Dena Thayer, OIRP Programs Administrator 405-521-4326
Nancy Kelly, OIRP Policy Specialist 405-522-6703
RE:
APA WF 15-13
The proposed policy is Emergency . This proposal is subject to Administrative Procedures Act
SUBJECT:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 3. Office of Client Advocacy
Part 1. Administration
OAC 340:2-3-2 [AMENDED]
Part 3. Investigations
OAC 340:2-3-34 [AMENDED]
OAC 340:2-3-36 [AMENDED]
OAC 340:2-3-38 [AMENDED]
Part 5. Grievances
OAC 340:2-3-45 [AMENDED]
OAC 340:2-3-51 [AMENDED]
(Reference WF 15-13)
SUMMARY:The proposed amendments to Chapter 2, Subchapter 3 amend the rules to: (1) add definitions; (2) add Office of Client Advocacy (OCA) findings regarding investigations involving a vulnerable adult or foster parent retaliation, harassment, or discrimination; (3) add harassment to foster parent complaints; (4) change timeframes regarding investigations of foster parent retaliation, harassment, and discrimination and the Oklahoma Department of Human Services (DHS) Director's request for reconsideration timeframe by the Advocate General; (5) add an additional responsibility of a Local Grievance Coordinator; (6) reflect current terminology and acronym changes; and (7) add grammar changes.
EMERGENCY APPROVAL:Emergency rulemaking is requested to ensure compliance with the Pinnacle Plan, Child Welfare Services (CWS) and Developmental Disabilities Services (DDS) rules in regard to child or vulnerable adult safety. The proposed amendments achieve DHS goals by ensuring that OCA rules correspond with Senate Bill (SB) 1793 and Section 1-9-112(D)(1) of Title 10A of the Oklahoma Statutes (O.S. 10A § 1-9-112(D)(1)) and that they reflect the current standards regarding CWS and DDS rules.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162); 10A O.S. § 162; 10A O.S. § 1-1-101 et seq.; 43A § 10-102 et seq.; and Section 5101 et seq. of Title 42 of the United States Code.
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Kathryn Boyle Brewer, Advocate General
Date:March 11, 2016
Re:CHAPTER 2. ADMINISTRATIVE COMPONENTS
Subchapter 3. Office of Client Advocacy
Part 1. Administration
OAC 340:2-3-2 [AMENDED]
Part 3. Investigations
OAC 340:2-3-34 [AMENDED]
OAC 340:2-3-36 [AMENDED]
OAC 340:2-3-38 [AMENDED]
Part 5. Grievances
OAC 340:2-3-45 [AMENDED]
OAC 340:2-3-51 [AMENDED]
(Reference WF 15-13)
Contact:Dawn Leemon 405-522-2877
A.Brief description of the purpose of the proposed rule:
The proposed amendments to Chapter 2, Subchapter 3 amend the rules to: (1) add definitions; (2) add Office of Client Advocacy (OCA) findings regarding investigations involving a vulnerable adult or foster parent retaliation, harassment, or discrimination; (3) add harassment to foster parent complaints; (4) change timeframes regarding investigations of foster parent retaliation, harassment, and discrimination and the Oklahoma Department of Human Services (DHS) Director's request for reconsideration timeframe by the Advocate General; (5) add an additional responsibility of a Local Grievance Coordinator; (6) reflect current terminology and acronym changes; and (7) add grammar changes.
Strategic Plan Impact.
The proposed amendment ensures that OCA policy is compliant with the Pinnacle Plan, Child Welfare Services (CWS) rules, and Developmental Disabilities Services (DDS) rules that pertain to child or vulnerable adult safety.
Substantive changes.
Oklahoma Administrative Code (OAC) 340:2-3-2 is amended to: (1) add definitions; (2) update language and acronyms; (3) add new language; and (4) add grammar changes.
OAC 340:2-3-34 is amended to: (1) update acronyms; and (2) add language.
OAC 340:2-3-36 is amended to: (1) correct definitions and language; (2) add findings; and (3) add grammar changes.
OAC 340:2-3-38 is amended to: (1) correct citations and language; (2) add definitions and language; (3) update acronyms; and (4) add grammar changes.
OAC 340:2-3-45 is amended to: (1) correct citations, definitions, and language; (2) add definitions and language; (3) update email addresses and telephone numbers; (4) update acronyms; and (5) make grammar changes.
OAC 340:2-3-51 is amended to: (1) update acronyms; (2) make grammar changes; and (3) correct citations.
Reasons.
The proposed amendments to the OCA rules ensure that OCA policy is compliant with the Pinnacle Plan, Child Welfare Services (CWS) and Developmental Disabilities Services (DDS) rules in regards to child or vulnerable adult safety.
Repercussions.
If the proposed amendments to OCA rules are not implemented, OCA policy will not be in compliance with CWS and DDS rules in regards to child or vulnerable adult safety.This presents an adverse consequence for failure to adopt the rule and inconsistent application within the agency.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162); 10A O.S. § 162; 10A O.S. § 1-1-101 et seq.; 43A § 10-102 et seq.; and Section 5101 et seq. of Title 42 of the United States Code.
Emergency 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 OCA rules are vulnerable adults receiving services from DDS, children residing in placements above the level of foster care, and foster parents.There is no cost associated with implementation of these rules.
C.A description of the classes of persons who will benefit from the proposed rule: The classes of persons who will benefit by the proposed OCA rules are vulnerable adults receiving services from DDS, children residing in placements above the level of foster care, and foster parents.
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: There are no fee changes associated with these proposed 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 rules impact safety planning during investigations of abuse or neglect of children above the level of foster care as well as vulnerable adults.If a Plan for Immediate Safety (PFIS) requires removal of an individual served by DDS from a residential setting where 24-hour care is shared with others, there will be additional expense to DDS in regards to additional hourly staffing and possibly skilled nursing care. This care would cost DDS for each day the individual resides outside of his or her home. The financial impact of this modification to DDS could exceed $5000 or more per fiscal year, depending on the frequency of situations arising in which removal of the individual from their current setting was necessary to ensure safety.The frequency of situations warranting removal of a DDS client would be extremely rare andwould include consultation with DDS administrators as well as consideration of all alternative measures.Also the probable cost to DHS of printing and distributing the rules is estimated to be less than $100.
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 amendments to the OCA 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 neither less costly, nor non-regulatory methods, nor less intrusive methods to achieve compliance.
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 OCA rules will have a positive impact regarding safety for vulnerable adults receiving services from DDS and children residing in placements above the level of foster care by ensuring safety determinations are consistently defined throughout the agency.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: Failure to implement the proposed rule would create inconsistent application of policy regarding child and vulnerable adult safety within the agency.This would have a detrimental impact on public safety.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared March 11, 2016.
