Title 10 — Title 10 — Children
0 chapters · 664 sections in this title.
10 O.S. § 1408 Definitions
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A. "Individual with intellectual disability" as used in Sections 1406 through 1424 of this title means a person who has significantly subaverage functioning, intelligence quotient of less than seventy (70), manifested before the age of eighteen (18) and existing concurrently with…
10 O.S. § 1409 Transfer of powers and duties
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All powers and duties relating to the Northern Oklahoma Resource Center of Enid, the Southern Oklahoma Resource Center of Pauls Valley, and the Hissom Memorial Center formerly vested in the Mental Health Board, the Director of Mental Health, or in the Department of Mental Health …
10 O.S. § 1410 Personal properties - Contracts and leases - Unexpended
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funds. (a) All personal properties, records, equipment, and supplies now owned and in use by the above-named institutions shall be transferred to and become the property of the Department of Human Services. (b) All contracts, leases, and other such agreements as may have been ent…
10 O.S. § 1411 Rules and regulations - Repair of buildings - Federal
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funds - Superintendents and other personnel - Expenditure of funds. (a) The Director of Human Services is authorized and directed to promulgate and adopt all rules and regulations necessary to carry out the provisions of Section 1406 et seq. of this title. (b) The Director shall …
10 O.S. § 1411.1 Developmental Disabilities Services Division - Periodic
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reports. A. Beginning January 1, 1999, and on January 1 each year thereafter, the Department of Human Services shall submit to the Governor and the Legislature an annual report of the administrative activities of the Developmental Disabilities Services Division. The report shall …
10 O.S. § 1411.2 Developmental Disabilities Services Division waiting
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list - Voucher waiver program. Subject to the availability of funds, the Developmental Disabilities Services Division (DDSD) of the Department of Human Services shall, within six (6) months of the effective date of this act, design and implement a voucher waiver program to serve …
10 O.S. § 1412 Advisory committee
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A. The Director of Human Services shall appoint an advisory committee to advise the Director on matters relating to service delivery for persons with developmental disabilities. B. Such advisory committee shall include among its members representatives of state agencies and perso…
10 O.S. § 1413 Transfer of pupils
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The Commission is authorized to transfer any pupil or pupils from any institution referred to in Section 1406 of this title to any other of such institutions, or to any institution within the Department of Mental Health and Substance Abuse Services, with the consent of the Direct…
10 O.S. § 1414 Admission of individuals with intellectual disability -
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Applications - Release. A. 1. Individuals with intellectual disability who are legal residents of this state and who have a mental age not above that of the average nine-year-old child, as determined by psychological examination, may be admitted to an institution named in Section…
10 O.S. § 1414.1 Greer Center Facility - Admission guidelines and
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procedures. A. In addition to the admissions requirements of Section 1414 of this title, the Greer Center Facility located on the grounds of the Northern Oklahoma Resource Center of Enid in Enid, Oklahoma, shall be established as a separate entity from the Northern Oklahoma Resou…
10 O.S. § 1415 Placement in institution for individuals with
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intellectual disability not to abrogate parental rights - Guardians - Assessment of competency. A. The voluntary placement of a child in an institution for individuals with intellectual disabilities by the child's parents shall not, by itself, abrogate the rights and authority of…
10 O.S. § 1415.1 Clinical records - Ombudsman program - Periodic
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evaluation - Residential placement - Reports of psychotropic medications. A. 1. All institutions named in Section 1406 of this title within the Department of Human Services, which are established primarily for the purpose of caring for individuals with intellectual disabilities, …
10 O.S. § 1416 Liability for care and treatment
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A resident at an institution named in Section 1406 of this title is liable for his or her care and treatment. This claim of the state for such care and treatment shall constitute a valid indebtedness against the resident and his or her estate and shall not be barred by any statut…
10 O.S. § 1417 Clinics - Outpatient facilities - Day care centers
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(a) The Department of Human Services may establish and direct such mental hygiene clinics and child guidance clinics in local areas of the state where such clinics are deemed most advantageous for the public welfare as a distinct part of the general health program. (b) Outpatient…
10 O.S. § 1417.1 Medicaid payments for reserved beds in intermediate
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care facilities for individuals with intellectual disabilities - Amendment of Medicaid State Plan. A. Payments under the Medicaid Program shall be made to reserve a bed in an intermediate care facility for individuals with intellectual disabilities (ICF/IID) during the absence of…
10 O.S. § 1418 Powers and duties of Commission for Rehabilitation
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Services – Local education agencies. A. The Commission for Rehabilitation Services shall have the supervision, management and control of the Oklahoma School for the Blind and the Oklahoma School for the Deaf, and, in addition to the powers and duties now vested in the State Board…
10 O.S. § 1419 Administration - Personnel - Retirement system
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A. The Commission for Rehabilitation Services shall establish and maintain such methods of administration, including methods relating to the establishment and maintenance of personnel standards, as are necessary for the proper and efficient administration of the Oklahoma School f…
10 O.S. § 1419a Dismissal or nonrenewal of contract of career teacher or
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administrative personnel other than principal – Trial de novo. A. A career teacher, as described in Section 1419 of Title 10 of the Oklahoma Statutes, or any administrative personnel other than a superintendent who has been dismissed or whose contract has not been renewed shall b…
10 O.S. § 1420 Transfer of property, records, funds, etc
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All property, records, equipment, supplies, and funds, including trust funds and revolving funds, and other assets, owned or possessed by the Oklahoma School for the Blind or the Oklahoma School for the Deaf are hereby transferred to the Commission for Rehabilitation Services; an…
10 O.S. § 1421 Purchase of school busses
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Whenever the Oklahoma Public Welfare Commission shall determine that a school bus is needed for educational, training or treatment purposes at an institution under the jurisdiction of the Department of Public Welfare, it may authorize the purchase of such bus from funds available…
10 O.S. § 1423 Program for care and treatment of children - Federal
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matching funds. The Oklahoma Public Welfare Commission and the Department of Human Services are authorized and directed to develop such programs for the care and treatment of children to meet the requirements of federal laws and rules and regulations of the Secretary. The Commiss…
10 O.S. § 1424 Department as next friend of institutionalized persons -
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Procuring appoint of guardian. The State Department of Public Welfare shall have the power and the Department shall have the duty to appear as next friend for all minor orphans, incompetents, dependents and delinquents who are inmates of any public institution maintained and oper…
10 O.S. § 1425 Authorization to operate facilities
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(a) (1) The Department of Human Services and a county (through its board of county commissioners) may enter into an agreement for the operation of a Community Complex Facility, where day care services, beneficial or necessary for individuals with intellectual disabilities and the…
10 O.S. § 1430.1 Short title
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Sections 1430.1 through 1430.41 of this title shall be known and may be cited as the "Group Homes for Persons with Developmental or Physical Disabilities Act". Added by Laws 1987, c. 225, § 1, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 1, eff. Nov. 1, 1996; Laws 1996, c. …
10 O.S. § 1430.10 Repealed by Laws 2006, c. 137, § 30, eff. Nov. 1
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2006.
10 O.S. § 1430.10a Revocation or denial of or refusal to renew license –
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Notice – Protest - Emergency. A. The Department of Human Services may revoke, deny or refuse to renew the license of any group home found to be in violation of any provision of this act or the rules of the Commission for Human Services, as provided in Section 1430.3 of Title 10 o…
10 O.S. § 1430.11 Standards for group homes
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A. The Department of Human Services shall develop rules establishing minimum standards for group homes. These standards, at minimum, shall regulate: 1. Location and construction of the home, including plumbing, heating, lighting, ventilation, and other physical conditions which s…
10 O.S. § 1430.12 Fire safety inspections - Reports
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The State Fire Marshal or a designee shall conduct fire safety inspections on a regular basis at group homes subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act and report findings of such inspections to the Department of Human…
10 O.S. § 1430.13 Information subject to disclosure to public
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The following information is subject to disclosure to the public from the Department of Human Services: 1. Information submitted under Section 1430.14 of this title, except information concerning the remuneration of personnel licensed, registered or certified by the Department, a…
10 O.S. § 1430.14 Provisions of license - Application - Statement of
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zoning compliance - Qualifications of applicant or licensee - Statement of ownership - Issuance and renewal of licenses. A. A license shall expire twelve (12) months from the date of issuance, unless sooner revoked, and may be renewed annually by the Department of Human Services …
10 O.S. § 1430.15 Nontransferability of license - Transfer of operation
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of group home. A. A license to operate a group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act is not transferable. Operation of a group home can only be transferred: 1. With the prior written approval of the director …
10 O.S. § 1430.16 Repealed by Laws 2006, c. 137, § 30, eff. Nov. 1
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2006.
10 O.S. § 1430.17 Conditional license
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A. The Department of Human Services may issue a conditional license to any group home if the Department finds that a violation exists in such group home. The issuance of a conditional license shall revoke any license held by the group home issued pursuant to the Group Homes for P…
10 O.S. § 1430.18 Documents to be made available to residents, employees
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and visitors. Every provider and licensee shall make available to residents, employees and visitors the following: 1. The current license or current contract with the Department of Human Services or the Oklahoma Health Care Authority for provision of group home services; 2. Right…
10 O.S. § 1430.19 Documents and records to be available for public
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inspection. A group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall retain the following for public inspection: 1. A complete copy of every inspection report of the group home received from the Department of Huma…
10 O.S. § 1430.2 Definitions
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As used in the Group Homes for Persons with Developmental or Physical Disabilities Act: 1. "Abuse" as defined by the Protective Services for Vulnerable Adults Act means causing or permitting: a. the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasona…
10 O.S. § 1430.20 Statement of rights and responsibilities - Denial of
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appropriate care based on resident's source of payment - Staff training – Limitation of rights - Report of violations - Death of resident. A. Rules promulgated by the Director of Human Services regarding the rights and responsibilities of residents shall be available in each grou…
10 O.S. § 1430.21 Repealed by Laws 2006, c. 137, § 30, eff. Nov. 1
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2006.
10 O.S. § 1430.22 Resident's contract
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A. A written contract shall be executed between a person, the guardian of a resident, if any, and a group home or the agent of the group home prior to the time a person is admitted to a group home subject to the provisions of the Group Homes for Persons with Developmental or Phys…
10 O.S. § 1430.23 Protection of resident's funds
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To protect the funds of a resident of a facility subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, the group home must comply with rules promulgated by the Department of Human Services regarding protection of the personal fu…
10 O.S. § 1430.24 Access to group homes
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A. Residents of group homes subject to the Group Homes for Persons with Developmental or Physical Disabilities Act may receive any guest or visitor in the group home during reasonable hours as long as the visit does not infringe upon the rights of other group home residents. Any …
10 O.S. § 1430.25 Involuntary transfer or discharge of resident
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A group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall not involuntarily transfer or discharge a resident except for medical reasons, for the safety of the resident or for the safety of other residents, for viol…
10 O.S. § 1430.26 Provider prohibited from having insurable interest in
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life of resident or being beneficiary of life insurance policy - Appointment as guardian or conservator or holding power of attorney prohibited. A. No provider or licensee, including a corporate officer, major stockholder or member of the board of directors, member of the firm, m…
10 O.S. § 1430.27 Inspection, investigation, survey or evaluation of
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group home. A. Every group home shall be inspected at least annually by a duly appointed representative of the Department of Human Services pursuant to rules promulgated by the Director of Human Services. B. The Department shall at least annually and whenever it deems necessary i…
10 O.S. § 1430.28 Repealed by Laws 2006, c. 137, § 30, eff. Nov. 1
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2006.
10 O.S. § 1430.29 Repealed by Laws 2006, c. 137, § 30, eff. Nov. 1
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2006.
10 O.S. § 1430.3 Department - Powers and duties
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The Department of Human Services shall have the power and duty to: 1. Enforce any provision of the Group Homes for Persons with Developmental or Physical Disabilities Act; 2. Issue, renew, deny, modify, suspend, and revoke licenses for group homes pursuant to the provisions of th…
10 O.S. § 1430.30 Repealed by Laws 2006, c. 137, § 30, eff. Nov. 1
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2006.
10 O.S. § 1430.31 Prohibited acts
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A. No person shall willfully: 1. Fail to correct or interfere with the correction of a violation within the time specified on the notice or approved plan of correction pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act as the…
10 O.S. § 1430.32 Violations - Penalties
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A. Any person who has been determined by the Department of Human Services to have violated any provision of the Group Homes for Persons with Developmental or Physical Disabilities Act, or any rule or order issued pursuant thereto may be liable for an administrative penalty of not…