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0 chapters · 383 sections in this title.
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 matching funds
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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 Commission shall mainta…
10 O.S. § 1424 Department as next friend of institutionalized persons - Procuring appoint of guardian
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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 operated by the state, county, city…
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. § 1430.10a Revocation or denial of or refusal to renew license – Notice – Protest - Emergency
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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 of the Oklahoma Statutes. B. 1.…
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 zoning compliance - Qualifications of applicant or licensee - Statement of ownership - Issuance and renewal of licenses
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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 pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act. All licenses s…
10 O.S. § 1430.15 Nontransferability of license - Transfer of operation of group home
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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 of the Developm…
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 and visitors
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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. Rights of residents…
10 O.S. § 1430.19 Documents and records to be available for public inspection
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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 Human Services d…
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 appropriate care based on resident's source of payment - Staff training – Limitation of rights - Report of violations - Death of
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resident. A. Rules promulgated by the Director of Human Services regarding the rights and responsibilities of residents shall be available in each group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, and each residen…
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 life of resident or being beneficiary of life insurance policy - Appointment as guardian or conservator or holding power of attorney
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prohibited. A. No provider or licensee, including a corporate officer, major stockholder or member of the board of directors, member of the firm, major member of the limited liability company or manager, major partner of the partnership when the provider or licensee is a firm, pa…
10 O.S. § 1430.27 Inspection, investigation, survey or evaluation of group home
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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 inspect, surv…
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. § 1430.31 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…
10 O.S. § 1430.33 Notice of voluntary closing - Alternative placement of residents
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Any provider or licensee operating under the Group Homes for Persons with Developmental or Physical Disabilities Act shall give ninety (90) days' notice prior to voluntarily closing a group home or closing any part of a group home, or prior to closing any part of a group home if …
10 O.S. § 1430.34 Appointment of monitor or receiver
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A. The Department of Human Services may place an employee or agent to serve as a monitor at a provider agency or licensee subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act or may petition the district court for appointment of…
10 O.S. § 1430.35 Emergencies - Investigations - Hearing
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A. Where a resident of a group home subject to the Group Homes for Persons with Developmental or Physical Disabilities Act, a guardian or advocate of a resident, if any, or a resident's next of kin believes that an emergency exists, each of them, collectively or separately, may f…
10 O.S. § 1430.36 Appointment of receiver
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A. The court may appoint any qualified person as a receiver, except it shall not appoint any employee or affiliate of the provider or licensee which is in receivership as its receiver. The Department of Human Services shall maintain a list of such persons to operate group homes w…
10 O.S. § 1430.37 Expenses of receiver - Insufficient funds - Compensation of receiver
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A. If funds are insufficient to meet the expenses of performing the powers and duties conferred on the receiver appointed pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act, or if there are insufficient funds on hand to meet those expenses, th…
10 O.S. § 1430.38 Liability of receiver - Bond
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A. A receiver may be held liable in a personal capacity only for the receiver's own gross negligence, intentional acts or breaches of fiduciary duty. B. The court may require a receiver to post a bond. Added by Laws 1987, c. 225, § 38, eff. July 1, 1987. Renumbered from § 1-818.3…
10 O.S. § 1430.39 Conditional license for provider in receivership
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Other provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act notwithstanding, the Department of Human Services may issue a conditional license to a provider placed in receivership. The duration of a license issued under this section is limited t…
10 O.S. § 1430.4 Group Homes for Persons with Developmental or Physical Disabilities Advisory Board
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A. There is hereby re-created to continue until July 1, 2020, in accordance with the provisions of the Oklahoma Sunset Law, the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board. 1. The Advisory Board shall be composed of nine (9) members as follo…
10 O.S. § 1430.40 Termination of receivership
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A. The court may terminate a receivership: 1. If the time period specified in the order appointing the receiver elapses and is not extended; 2. If the court determines that the receivership is no longer necessary because the conditions which gave rise to the receivership no longe…
10 O.S. § 1430.41 Rights, obligations and liability during receivership
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Notwithstanding the general rules of receiverships and trustees, nothing in the Group Homes for Persons with Developmental or Physical Disabilities Act shall be deemed to relieve any administrator or employee of a group home placed in receivership of any civil or criminal liabili…
10 O.S. § 1430.6 Standing to bring action - Jurisdiction
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A. Enforcement of any action for an injunction or recovery of any administrative or civil penalty assessed pursuant to the Group Homes for Persons with Developmental or Physical Disabilities Act may be brought by: 1. The district attorney of the appropriate district court of the …
10 O.S. § 1430.7 Group home as nuisance - Actions - Request for investigation - Complaint
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A. The operation or maintenance of a group home in violation of the Group Homes for Persons with Developmental or Physical Disabilities Act, or of the rules promulgated by the Commission for Human Services, is declared a public nuisance inimical to the public welfare. The Directo…
10 O.S. § 1430.8 Liability for injury to resident - Actions - Remedies - Waivers - Jury trial - Retaliation - Privileges and immunities - Report of abuse, neglect or exploitation
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A. The provider is liable to a resident for any intentional or negligent act or omission of their agents or employees which injures the resident. Also, any state employee that aids, abets, assists, or conspires with a provider to perform an act that causes injury to a resident sh…
10 O.S. § 1430.9 Penalties and liabilities for certain violations
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In addition to any other penalties and liabilities provided in this act, any person who violates any of the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or any order or determination of the Department promulgated pursuant thereto, or …
10 O.S. § 1501 Various references deemed to be references to District Court or judge thereof
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Wherever reference is made to the county court, Children's Court and Juvenile Court, or to a judge thereof in the statutes relating to juveniles, domestic relations or the status of persons, the reference shall be deemed to be to the District Court or a judge thereof. Laws 1968, …
10 O.S. § 1505 Employment of persons to provide juvenile officer or assistant juvenile officer services in certain counties
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A. 1. As provided by this subsection, the presiding or associate district judge or other judge with juvenile or deprived child docket responsibilities, with the approval of the county commissioners, may employ a juvenile officer or an assistant juvenile officer or contract with a…
10 O.S. § 1505a Assistant juvenile officer in certain counties
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In every county of the state having a population of more than twenty-four thousand (24,000), but less than forty thousand (40,000), and having located within it a city with a population of not less than twenty thousand (20,000), according to the latest Federal Decennial Census, i…
10 O.S. § 151 Control vested in local boards of education
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The control of the education of all children in the State of Oklahoma, now located in or in the control or custody of any Orphanage, Charitable Institution or Organization, or hereafter located in, or placed under the control or in the custody of any such Orphanage, Charitable In…
10 O.S. § 152 Reports of number of children requiring school facilities
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The Manager, Superintendent, or party in control of any Orphanage, Childrens' Home or Charitable Institution or Organization receiving, controlling, or having in charge, any children known as orphans or wayward children of school age, whose education is not wholly provided for fr…
10 O.S. § 153 Inclusion of cost of education in school districts' budgets
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The Board of Education of any school district wherein is located any such Institution as is described in Section 2 hereof, shall in making up their annual budget, include therein under "Estimate items of receipt other than ad valorem taxes," and include as an asset, a sum equal t…
10 O.S. § 154 School superintendents' reports of children attending schools
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At the beginning of the last month of each yearly term of school, the Superintendent of Public Schools of any school district affected by the provisions of this Act, shall make a written report of any and all children confined in any Institution as is defined in Section 2 hereof,…
10 O.S. § 1628 Missing child 16 and under - Investigation of disappearance
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It is hereby made the duty of any sheriff, chief of police, city marshal, constable, or any other law enforcement officer, upon notification of a report of a missing child sixteen (16) years and under, to immediately initiate an investigation into the disappearance of said child.…
10 O.S. § 1629 Short title
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Sections 1 through 5 of this act shall be known and may be cited as the "Oklahoma Minor Identification Act". Added by Laws 1986, c. 288, § 1, eff. July 1, 1986.
10 O.S. § 1630 Definitions
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For purposes of the Oklahoma Minor Identification Act: 1. "Fingerprint" means the impression of the lines upon the fingertip taken with ink and placed upon a paper or plastic card for the purpose of identification; 2. "Local law enforcement agency" means the office of the county …