Oklahoma § 10-1430.7 - Group home as nuisance - Actions - Request for

§ 10-1430.7. Group home as nuisance - Actions - Request for

investigation - Complaint.

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 Director of Human Services, in the name of the people

of the state, or through the Attorney General or the district

attorney of the county in which the group home is located may, in

addition to other remedies herein provided, bring action for an

injunction to restrain such violation or to enjoin the future

operation or maintenance of any such group home.

B. 1. Any person with personal knowledge or substantial

specific information who believes that the Group Homes for Persons

with Developmental or Physical Disabilities Act or a rule

promulgated pursuant thereto may have been violated, may request an

investigation. The request may be submitted to the Department of

Human Services in writing, by telephone, or personally. An oral

complaint shall be reduced to writing by the Department. Provided

that any person who willfully or recklessly makes a false complaint

without a reasonable basis in fact for such a complaint under the

provisions of the Group Homes for Persons with Developmental or

Physical Disabilities Act shall be liable in a civil suit for any

actual damages, including attorneys' fees and costs, suffered by a

group home so requested to be investigated, and for any punitive

damages set by the court or jury which may be allowed in the

discretion of the court or jury when deemed proper by the court or

jury.

2. The substance of the complaint shall be provided to the

provider no earlier than at the commencement of the on-site

inspection of the group home which takes place pursuant to the

complaint.

3. The Commission shall promulgate rules to protect the

identity of the complainant, provided that such complainant is

presently a resident or resident's representative or such

complainant is presently an employee of the group home.

4. Upon receipt of a complaint, the Department shall

investigate whether the Group Homes for Persons with Developmental

or Physical Disabilities Act or a rule promulgated pursuant thereto

has been or is being violated. Allegations of abuse, neglect, or

Oklahoma Statutes - Title 10. Children

exploitation shall be investigated by appropriate authorities in

accordance with state law. Other complaints shall be evaluated by

authorized Department staff and investigated timely based on the

nature of the complaint. A determination about a complaint shall be

made in writing. The determination shall state the reasons

therefor.

5. In all cases, the Department shall inform the group home and

the complainant, if so requested by the complainant, of its findings

within ten (10) days of its determination. The notice of such

findings shall include a copy of the written determination, the

correction order, if any, the warning notice, if any, and the state

licensure or regulatory requirement, or both, on which the violation

is listed.

6. A written determination, correction order or warning notice

concerning a complaint shall be available for public inspection from

the Department.

7. The Department shall issue a written determination which

shall serve as a final appealable order subject to trial de novo in

the appropriate district court.

8. The Commission shall establish any additional rules

necessary for the investigation and hearing of complaints as

provided herein, and is authorized to employ hearing officers.

Added by Laws 1987, c. 225, § 7, eff. July 1, 1987. Amended by Laws

1994, c. 236, § 7, eff. Sept. 1, 1994; Laws 1996, c. 155, § 7, eff.

Nov. 1, 1996; Laws 1996, c. 354, § 7, eff. Nov. 1, 1996. Renumbered

from § 1-818.7 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1,

1996. Amended by Laws 2006, c. 137, § 4, eff. Nov. 1, 2006.