Okla. Admin. Code § 340:110-3-88

Current through Vol. 42, No. 4, November 1, 2024

Section 340:110-3-88 - Records

(a)General requirements. Children's records are maintained on Oklahoma Human Services (OKDHS) provided forms or on forms containing the same information. Records are current and easily accessible. OKDHS staff are allowed access to all records.

(b)Caregiver records. Primary caregiver, assistant caregiver, and substitute caregiver records are completed and maintained in the home. Records include:

(1) personnel information forms provided by OKDHS and submitted to Licensing within two weeks of employment;

(2) criminal history investigations with records maintained in a confidential manner;

(3) professional development documentation;

(4) caregiver attendance, indicating days and hours worked, maintained on file for 12 months; and

(5) documentation of requests and results of criminal history reviews.

(c)Children's records. Children's records are maintained as required in (1) through (3) of this subsection.

(1) Identification and health records include:

(A) the child's name, birth date, parents' names, home addresses, places of employment, and phone numbers;

(B) the names and phone numbers of persons to contact in an emergency when a parent cannot be located promptly;

(C) parent permission authorizing the caregiver to transport the child to emergency medical care;

(D) names and relationships of persons authorized for child pick-up;

(E) health information, including immunization records;

(F) the child's licensed physician's name, address, and phone number;

(G) when applicable, medication and transportation permission; and

(H) the date the child entered care.

(2) When a volunteer driver or specialized service professional does not have a criminal history review, per OAC 340:110-3-85(c), parent releases indicating understanding are signed and dated prior to unsupervised access to children for each volunteer driver or professional.

(3) Daily attendance records, including children's arrival and departure times, are maintained and on file a minimum of 12 months.

(d)Public access to records - Compliance Posting. Compliance posting requirements in (1) and (2) of this subsection are met.

(1) OKDHS-provided "Notice to Parents" is posted in a conspicuous location in clear view at the main facility entrance.

(2) Child welfare investigative summary with confirmed or substantiated findings for 120-calendar days from the investigation completion is posted in clear view of the main facility entrance.

(e)Compliance file. A compliance file is accessible to personnel, parents, and others. Items are originals or copies and are maintained together, with the most recent on top and all child-identifying information removed. The compliance file includes items within the last 120-calendar days, at a minimum, from the date on the document or the investigation completion date on the form, unless requirements specifically state otherwise. The compliance file only contains:

(1) compliance monitoring from Licensing, Stars, and tribal agencies, such as;

(A) monitoring visit forms. Include most recent visit; and

(B) case status information, such as forms and correspondence regarding:

(i) issuance of permits and licenses;

(ii) non-compliances and Stars violations;

(iii) notices to comply;

(iv) complaint findings;

(v) office conferences with Licensing, Stars, and tribal agencies;

(vi) Stars alternative settlements and reductions; and

(vii) consent agreements, denials of a request for a license, and revocations of a license; and

(2) child welfare investigative summary, regardless of findings. However, confirmed or substantiated findings are maintained in the file for 12 months;

(3) granted criminal history restriction waiver notifications. However, notification is maintained in the file for as long as the individual is employed or is living in the facility; and

(4) other documents indicating placement in the compliance file.

Okla. Admin. Code § 340:110-3-88

Amended at 10 Ok Reg 107, eff 10-13-92 (emergency); Amended at 10 Ok Reg 2287, eff 6-11-93; Amended at 17 Ok Reg 1607, eff 5-25-00; Amended at 25 Ok Reg 22, eff 10-1-07 (emergency); Amended at 25 Ok Reg 1962, eff 7-1-08; Amended at 26 Ok Reg 415, eff 11-20-08 (emergency); Amended at 26 Ok Reg 2239, eff 7-1-09; Amended at 27 Ok Reg 48, eff 10-1-09 (emergency); Amended at 27 Ok Reg 1869, eff 7-1-10

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023