Oklahoma § 10-1415.1 - Clinical records - Ombudsman program - Periodic

§ 10-1415.1. Clinical records - Ombudsman program - Periodic

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, shall maintain an adequate clinical

record of each resident. Such record shall contain initial social,

psychological, and medical evaluation results, as well as interval

reports of the resident's condition, the treatment and training

prescribed, and the progress shown.

2. The Director of Human Services shall establish an ombudsman

program for each of the institutions and residential facilities for

individuals with intellectual disabilities operated by the

Department, which shall include, but not be limited to, an appeals

procedure for the resolution of grievances or complaints of the

residents of the institutions and facilities and the grievances or

complaints of the parents or the court-appointed guardians of the

residents.

B. The educational and physical capabilities of each resident

shall be assessed at least one time each year by appropriate

professional personnel for the purpose of determining such further

treatment or training as may be required. A report of the findings

and recommendations of such assessments shall be filed in the

clinical record of the resident. Failure on the part of the

superintendent of the institution to institute a policy of annual

Oklahoma Statutes - Title 10. Children

evaluations, if sufficient personnel are available, shall constitute

dereliction of duty.

C. When annual evaluations of a resident reflect improvement in

social or physical capabilities sufficient enough to permit the

resident to be released from the institution, either completely or

conditionally, the superintendent shall return such resident to the

resident's immediate family, or shall provide assistance for the

placement of the resident in some other appropriate residential

setting.

D. 1. The Department of Human Services may enter into

contracts for the development of residential settings and attendant

community services prior to the release of the resident.

2. The Department shall establish procedures which specify the

conditions and requirements for recipients of such contracts. In

establishing reimbursement rates for recipients of such contracts,

the Department may take into consideration any unusual or increased

costs of the recipient relating to the care and treatment of clients

with developmental disabilities including, but not limited to,

workers' compensation costs.

3. A copy of these procedures shall be made available to any

person upon request.

E. 1. In addition to any other form of assistance provided,

the Department is authorized to pay stipends to eligible relatives

and certified volunteers for the sole purpose of acquiring legal

representation to initiate guardianship proceedings.

2. Financial guidelines and other criteria pertaining to

eligibility of relatives and certified volunteers applying for a

stipend shall be established by rules promulgated by the Director.

F. Reports of the reviews of the administration of psychotropic

medications shall be made available to the parent or the courtappointed guardian of a resident of the institutions. The parent or

the court-appointed guardian of a resident of the institution shall

have access to all clinical records pertaining to the condition,

treatment, training, and education of the resident which are

maintained at the institution, or elsewhere, by the Department of

Human Services.

Added by Laws 1961, p. 286, § 1. Amended by Laws 1983, c. 128, § 6,

operative July 1, 1983. Renumbered from § 411 of Title 43A by Laws

1983, c. 128, § 7, operative July 1, 1983. Amended by Laws 1989, c.

373, § 18, operative July 1, 1989; Laws 1996, c. 137, § 1, eff. Nov.

1, 1996; Laws 1997, c. 63, § 1, eff. Nov. 1, 1997; Laws 1997, c.

407, § 4, eff. Nov. 1, 1997; Laws 2019, c. 475, § 7, eff. Nov. 1,

2019.