Okla. Admin. Code § 340:110-3-154.1

Current through Vol. 41, No. 24, September 3, 2024

Section 340:110-3-154.1 - [Effective 9/16/2024] Program

(a)Resident's rights. The program maintains current, written clients' rights policy supporting and protecting residents. Policy is available for residents, parents or custodians, personnel, and licensing staff to review.

(1) The program provides policies and procedures regarding residents' rights to residents and families in the family's commonly used language.

(2) Residents have a right to an individualized care or treatment plan focusing on the program's services meeting resident's needs. Residents have the right to participate in plan development.

(3) The program ensures resident's rights and responsibilities are protected regarding items in (A) through (Q) of this paragraph.

(A)Personal finances. Residents are given the opportunity to have and handle money for personal use, per the resident's service plan.

(B)Personal possessions. Residents are allowed to bring personal possessions to the facility and acquire personal belongings as permitted, per program policy and procedure.

(C)Personal care and hygiene. Residents are provided facilities and personal care, hygiene, and grooming supplies.

(D)Clothing. Residents are provided adequate, clean, well-fitting, and seasonable clothing, and safe clothing storage is available.

(E)Community activities. Residents have the right to community contacts and local community participation opportunities, per the resident's service plan.

(F)Phone contacts. Residents have phone access to initiate and receive uncensored personal calls, per program policy and procedure. Residents have access to an attorney and referring agency authorized representative.

(G)Mail. Resident's letters, both incoming and outgoing, are not opened unless there is suspicion of contraband. When correspondence is opened, the resident is informed in advance, and is present when the letter is opened. This action is documented.

(H)Restrictions. Restrictions placed on communications are explained to the resident and clearly documented.

(I)Publicity. Resident and parent or custodian consent is obtained prior to resident-related program publicity.

(i) Residents are not caused embarrassment by publicity or promotional materials.

(ii) Residents are not forced to acknowledge dependency on or gratitude toward the program.

(J)Grievance. Residents and parents or custodians have the right to file a grievance.

(K)Religious training. Residents are provided opportunities for religious service participation.

(L)Work. Residents are taught good work habits and is provided with a variety of tasks. Whenever possible, residents earn money through employment. Residents are not substituted for program personnel.

(M)Safety. Adequate measures are taken preventing accidents and avoiding health and safety hazards.

(N)Activities. The program provides each resident regular opportunities to engage in age appropriate or developmentally appropriate activities.

(O)Recreation. Residents are given time to pursue talents, hobbies, and chosen interests, per the resident's service plan.

(i) The program provides a balanced on- or off-grounds recreational program.

(ii) A written schedule of planned recreational, leisure, or physical exercise activities is developed with input from personnel and residents. Schedules are maintained in the case file and available for licensing staff review.

(P)Sleep. The program provides adequate time and facilities for proper rest and sleep appropriate for each resident's age, health needs, safety, and activities.

(Q)Sexual behavior. Residents are protected from personnel behavior of a sexual nature. Personnel address resident inappropriate sexual behavior.

(b)Visitation. The program provides the residents and parents or custodian the opportunity for on- or off-campus visits, per each resident's service plan.

(1) A visit record is maintained.

(2) Reasons for visitation restrictions are explained to the resident and parents or custodian, documented in the resident's record, and reviewed every six months.

(3) Residents have access to his or her attorney and the referring agency authorized representative.

(c)Education. The program has a clearly written policy describing plans for meeting residents' educational needs.

(1) Training and education meet each resident's abilities.

(2) The program ensures school-age residents receive the educational instruction they are entitled under provisions of federal and state education laws and regulations.

(3) Education is provided in or by a public school or a private school.

(4) Residents legally not attending school are:

(A) gainfully employed;

(B) enrolled in a high school equivalent General Education Development (GED) program; or

(C) attending a life skills or job acquisition training program.

(5) Tutoring is provided or arranged by the program for residents, as needed.

(d)Care of children younger than 5 years of age. Programs caring for children younger than 5 years of age provide age or developmentally appropriate activities and equipment. personnel responsible for child care receive age or developmentally appropriate practice professional development.

Okla. Admin. Code § 340:110-3-154.1

Added at 18 Ok Reg 3331, eff 10-1-01 (emergency); Added at 19 Ok Reg 1171, eff 5-13-02; Amended at 26 Ok Reg 2239, eff 7-1-09

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024