§ 10A-1-9-117 — Allegations against employees of Department or child-

placing agency by foster parent. A. 1. A foster parent may report to the Office of Client Advocacy within the State Department of Health an allegation that an employee of the Department of Human Services or of a child-placing agency has threatened the foster parent with removal of a child from the foster parent, harassed or refused to place a child in a licensed or certified foster home, or disrupted a child placement as retaliation or discrimination towards a foster parent who has: a. filed a grievance pursuant to Section 1-9-120 of this title, b. provided information to any state official or Department of Human Services employee, or c. testified, assisted, or otherwise participated in an investigation, proceeding, or hearing against the Department of Human Services or child-placing agency. 2. The provisions of this subsection shall not apply to any complaint by a foster parent regarding the result of a criminal, administrative, or civil proceeding for a violation of any law, rule, or contract provision by that foster parent, or the action taken by the Department of Human Services or a child-placing agency in conformity with the result of any such proceeding. 3. A reporter shall not be relieved of the duty to report incidents of alleged child abuse or neglect pursuant to the Oklahoma Children's Code. 4. The Advocate General shall establish rules and procedures for evaluating reports of complaints pursuant to paragraph 1 of this subsection and for conducting an investigation of such reports. B. 1. The Office of Client Advocacy shall prepare and maintain written records from the reporting source that shall contain the following information to the extent known at the time the report is made: a. the names and addresses of the child and the person responsible for the child's welfare, b. the nature of the complaint, and c. the names of the persons or agencies responsible for the allegations contained in the complaint. 2. Any investigation conducted by the Office of Client Advocacy pursuant to such information shall not duplicate and shall be separate from the investigation mandated by the Oklahoma Children's Code or other investigation of the Department of Human Services having notice and hearing requirements. 3. At the request of the reporter, the Office of Client Advocacy shall keep the identity of the reporter strictly confidential from the operation of the Department of Human Services, until the State Commissioner of Health determines what recommendations shall be made to the Director of the Department. C. The Commissioner and the Director shall ensure that a person making a report in good faith under this section is not adversely affected solely on the basis of having made such report. D. Any person who knowingly and willfully makes a false or frivolous report or complaint or a report that the person knows lacks factual foundation, pursuant to the provisions of this section, may be subject to loss of foster parent certification.

Legislative History

Added by Laws 1997, c. 389, § 11, eff. Nov. 1, 1997. Amended by Laws 1999, c. 396, § 12, emerg. eff. June 10, 1999; Laws 2001, c. 415, § 13, emerg. eff. June 5, 2001; Laws 2009, c. 233, § 95, emerg. eff. May 21, 2009. Renumbered from § 7204.1 of Title 10 by Laws 2009, c. 233, § 309, emerg. eff. May 21, 2009; Laws 2024, c. 339, § 5, eff. Nov. 1, 2024.