Okla. Stat. tit. 10, § 1430.2 – Definitions

As used in the Group Homes for Persons with Developmental or Physical Disabilities Act:

1. "Abuse" means any intentional infliction of physical pain, injury or mental anguish, or the deprivation of food, clothing, shelter or medical care by a person responsible for providing these services, as defined by the Protective Services for the Elderly and for Incapacitated Adults Act, and any sexual assault inflicted on a resident of a group home;
2. "Access" means the right of a person to enter a group home to communicate privately and without unreasonable restriction;
3. "Administrator" means the person designated by the provider who has authority and responsibility for the programs and operation of a group home;
4. "Advisory Board" means the Group Homes for Persons with Developmental or Physical Disabilities Advisory Board established by Section 4 of this act;
5. "Advocate" means an adult designated in writing by the resident to assist the resident in exercising the rights of such resident;
6. "Applicant" means a person, corporation, partnership, association, or other entity which is being considered by the Department of Human Services for a license with the Department to provide group home services;
7. "Commission" means the Commission for Human Services;
8. "Contract" means the binding legal agreement to provide group home services, entered into between the provider and the Developmental Disabilities Services Division of the Department of Human Services;
9. "DDSD" means the Developmental Disabilities Services Division of the Department of Human Services;
10. "Department" means the Department of Human Services;
11. "Developmental disability" means a severely chronic disability of a person, five (5) years of age or older, which:
1. a. is attributable to a physical or mental impairment or a combination of physical and mental impairments,
2. b. is manifested before the person attains the age of twenty-two (22) years,
3. c. is likely to continue indefinitely,
4. d. results in substantial functional limitations in three or more of the following areas of major life activity:
  1. (1) self-care,
  2. (2) receptive and expressive language,
  3. (3) learning,
  4. (4) mobility,
  5. (5) self-direction,
  6. (6) capacity for independent living, or
  7. (7) economic self-sufficiency, and
5. e. reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are lifelong or of extended duration and are individually planned and coordinated;
12. "Director" means the Director of Human Services;
13. "Exploitation" means the unjust or improper use of the personal resources of a resident for the profit or advantage, pecuniary or otherwise, of another person, as defined by the Protective Services for the Elderly and for Incapacitated Adults Act;
14. "Group home for persons with developmental or physical disabilities" means any establishment or institution, other than a hotel, motel, fraternity or sorority house, college or university dormitory, for not more than twelve residents who are eighteen (18) years of age or older and who have developmental or physical disabilities, which offers or provides supervision, residential accommodations, food service, and training and skill development opportunities designed to lead to increased independence of the residents and which offers or provides supportive assistance to any of its residents requiring supportive assistance. Such residents shall not require intermediate care facility services;
15. "Guardian" means a court-appointed representative or conservator;
16. "Habilitation" means procedures and interventions designed to assist an individual with developmental or physical disabilities achieve greater physical, mental and social development by enhancing the well-being of the person and teaching skills which increase the possibility that such individual will make progressively independent and responsible decisions about social behavior, quality of life, job satisfaction and personal relationships;
17. "Home" or "group home" means a group home for persons with developmental or physical disabilities;
18. "House manager" means the person who is not the administrator of a group home but who manages the group home;
19. "Interdisciplinary team" means a group of people, including, at a minimum, the resident and the resident's family, guardian or advocate, who develop a plan to encourage and enhance habilitation of the resident;
20. "Licensee" means a person, corporation, partnership, or association who is the owner of a home which is licensed pursuant to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act;
21. "Neglect" means a failure to provide protection for a resident who is unable to protect one's own interests; or the failure to provide adequate shelter or clothing; or the harming or threatening with harm through action or inaction by either another individual or through the person's own action or inaction because of such person's lack of awareness, incompetence or incapacity, which has resulted or may result in physical or mental injury, as defined by the Protective Services for the Elderly and for Incapacitated Adults Act;
22. "Personal care" means assistance with meals, dressing, movement, bathing or other personal needs, or general supervision of the physical and mental well-being of a person, who is currently unable to maintain a private, independent residence, or who has limited abilities in the managing of his or her person, whether or not a guardian has been appointed for such person;
23. "Physical disability" means a condition which causes the restricted use of the extremities by an individual or affects other bodily functions of an individual and which requires the specialized training, habilitation or rehabilitation services provided by a group home;
24. "Program certification" means certification by the Department that a group home meets and is in compliance with the rules adopted by the Commission for Human Services as standards for the training, habilitation or rehabilitation of residents of a group home;
25. "Provider" means a person, corporation, partnership, association, or other entity which operates a group home for persons with developmental or physical disabilities;
26. "Resident" means a person residing in a group home for persons with developmental or physical disabilities due to a developmental disability;
27. "Sexual assault" means rape, incest, lewd and indecent acts or proposals, as defined by law, by a person responsible for the resident's welfare and includes the allowing, permitting, or encouraging a resident to engage in prostitution or the lewd, obscene, or pornographic photographing, filming or depiction of a resident;
28. "Supervision" means the provision of on-site staffing in the group home or on the premises of the group home when residents are present who require on-site staffing, as determined by an assessment by an interdisciplinary team. Supervision includes, but is not limited to, training, assistance with housekeeping, assistance with preparation of meals, assistance with safe storage, distribution and administration of medications, and assistance with personal care as necessary for the health and comfort of such person;
29. "Supportive assistance" means the service rendered to any person which is sufficient to enable the person to meet an adequate level of daily living; and
30. "Transfer" means a change in location of living arrangements of a resident from one group home to another group home.

Added by Laws 1987, HB 1460, c. 225, § 2, eff. July 1, 1987; Amended by Laws 1988, HB 1880, c. 233, § 1, emerg. eff. July 1, 1988; Amended by Laws 1993, SB 108, c. 159, § 14, emerg. eff. July 1, 1993; Amended by Laws 1994, HB 2591, c. 236, § 3, eff. September 1, 1994; Amended by Laws 1996, SB 1097, c. 155, § 2, eff. November 1, 1996; Amended by Laws 1996, HB 2964, c. 354, § 2, eff. November 1, 1996; Renumbered from 63 O.S. § 1-818.2 by Laws 1996, HB 2964, c. 354, § 56, eff. November 1, 1996.