Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 3 - Administrative Services › Subchapter 13 - Office of Public Integrity › Part 3 - REQUIREMENTS FOR SECURE JUVENILE DETENTION CENTERS › Section 377:3-13-43 - Staff requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
The requirements for facility staff are set forth in this Section.
(1)
Personnel policy.
Every facility shall have written personnel policy which includes the maintenance of personnel records. The facility director shall make available to employees personnel policy and written job descriptions. The policy and job descriptions specify the person to whom the employee is responsible and the duties the employee is expected to perform.
(2)
Juveniles' tasks.
A juvenile in detention shall not be used as an employee. A juvenile in detention is permitted to perform tasks, if the tasks teach the juvenile responsibility and the juvenile is supervised. A juvenile shall be allowed to perform tasks (chores) in any area (restricted to the facility) in which adequate security exists. The facility administrator shall approve all work assignments.
(3)
Supervision.
Sufficient staff shall be available to provide continuous day and night supervision of the residents and protection of the facility as well as to allow staff relief from duty.
(4)
Auxiliary staff.
There shall be sufficient auxiliary staff to maintain adequate support services. Auxiliary staff are all staff that are not direct-care staff.
(5)
Health requirements.
Staff health requirements are given in (A)-(B) of this paragraph.
(A) Each person employed must be physically fit and able to perform all job functions necessary to ensure the health, safety and well-being of the juveniles in their care. A physical examination by a licensed physician may be requested should the employee's ability to perform their mandatory job functions be in question.
(B) Testing for tuberculosis is not required on a routine basis. Tuberculin skin testing shall be required when there is a local identified tuberculin exposure identified by the Oklahoma State Department of Health.
(i) When a tuberculin skin test is required, employees with a positive skin test reaction must submit documentation by medical personnel that signs or symptoms of tuberculosis are not present.
(ii) An employee who has ever had a positive skin test reaction must have or provide documentation of a chest x-ray. Additional tests or x-rays are not required unless symptoms develop that are suggestive of tuberculosis.
(6)
Background history records searches.
OJA, through direct request, shall require a records search for each applicant for employment, which shall include the following:
(A) OJA shall make a direct request for background searches to be conducted on behalf of any:
(i) operator or responsible entity making a request to establish or operate a secure detention center, municipal juvenile facility, community intervention center or secure facility licensed or certified by OJA,
(ii) employee or applicant of a secure detention center, municipal juvenile facility, community intervention center or secure facility licensed or certified by OJA, or
(iii) persons allowed unsupervised access to children, including contract employees or volunteers, of a secure detention center, municipal juvenile facility, community intervention center or secure facility licensed or certified by OJA;
(B) a national criminal history records search based upon submission of fingerprints that shall be provided by the Oklahoma State Bureau of Investigation (OSBI), including Rap Back notification, and the Federal Bureau of Investigation (FBI), pursuant to National Child Protection Act,  42 U.S.C. §
													5119a, and 74  O.S. § 150.9, provided both the OSBI and FBI act in their designated role;
(C) a search of the Oklahoma State Courts Network (OSCN) including Oklahoma District Court Records (ODCR);
(D) a search of the Department of Human Services (DHS) Child Care Restricted Registry, also known as Joshua's List;
(E) a search of the Department of Corrections (DOC) Sex Offender Registry;
(F) a search of the DOC Violent Offender Registry, also known as the Mary Rippy Violent Crime Offenders Registry;
(G) a search of all applicable out-of-state child abuse and neglect registries if the applicant has not lived continuously in Oklahoma for the past five (5) years;
(i) The prospective applicant is not approved without the results of the out-of-state maintained child abuse and neglect registry checks, when a registry is maintained in the applicable state;
(ii) When no child abuse and neglect registry is maintained in the applicable state, the facility shall request any information that can be provided; and
(H) a criminal history records search conducted by an authorized source, when an applicant has lived outside the United States within the last five (5) years.
(7)
Criminal history investigation.
The facility shall not employ or retain any person for whom there is documented evidence that the employee would endanger the health, safety, and/or well-being of juveniles.
(A) A facility shall not employ or retain an individual who has been:
(i) convicted of or entered a plea of guilty or nolo contendere to any felony involving:
(I) violence against a person;
(II) child abuse or neglect;
(III) possession, trafficking, manufacturing, sale or distribution of illegal drugs, or conspiracy to traffic, manufacture, sale, or distribute illegal drugs;
(IV) sexual misconduct;
(V) gross irresponsibility or disregard for the safety of others;
(VI) any crime against a child; or
(ii) in the case of child abuse and neglect, identified as a perpetrator in a juvenile court proceeding and/or has made an admission of guilt to a person authorized by state or federal laws or regulations to investigate child abuse and neglect.
(B) As to offenses enumerated in subsection A(i)(III) and (V), the facility may, at its own discretion, make exceptions to the prohibition of employment if five (5) years have passed from completion of the applicant's criminal sentence and the facility can document that the health, safety, and well-being of juveniles would not be endangered.
(i) The facility shall consider, document, and submit to the Licensing and Programs Assessment division within ten (10) days of the employees first day of work the:
(I) type of crime or offense for which the individual was convicted or a finding was made; and
(II) reference letters concerning the individual in question.
(ii) The Licensing and Programs Assessment division may make a recommendation to the facility administrator as to whether the applicant for employment should be approved or disapproved.
(C) If there is an allegation that a staff member has committed an act as described in OAC 377:3-13-43(a)(7)(A), the facility shall determine and document whether the staff member shall be removed from contact with juveniles until the allegation is resolved.
(D) If any person is formally charged with any of the offenses described in OAC 377:3-13-43(a)(7)(A), notification must be made to the OJA Licensing and Programs Assessment division, and the employee must be removed from contact with juveniles until the charges are resolved.
(E) No employee of the facility shall use or be under the influence of alcohol or illegal drugs during hours of work nor shall any employee use or possess illegal drugs at any time.
(8)
Personnel records.
The facility shall keep on file a written personnel record available for review for every staff person employed by the facility.
(A) The personnel record includes, but is not limited to:
(i) an application, resume or staff information sheet that documents qualifications for the position, valid driver's license or other state ID, birth certificate, applicable educational diploma;
(ii) health records as required by the facility;
(iii) three (3) written references and/or documentation of telephone interviews;
(iv) any reports and notes relating to the individual's employment with the facility and an annual job performance evaluations;
(v) dates of employment; and
(vi) date and reason for leaving employment.
(B) When employment is involuntarily terminated, a statement regarding the reason for termination is to be included in the personnel file.
(C) Personnel records are maintained for at least three years following a staff member's separation.
(D) All employees' records are kept confidential subject to existing state and federal statutes.
(E) Staff members shall have access to their personnel files for reviewing purposes if a request is made to the facility administrator.
(9)
Staff training.
All staff shall be trained on facility policy and procedure and a training record be established for each staff member. A record of all annual training shall be maintained. At the end of the year, it shall become part of the personnel record.
(A) Each direct-care staff member shall be provided orientation before being allowed to work independently.
(B) Auxiliary staff shall receive orientation to the facility's policy and procedure and to their assigned duties.
(C) During orientation the trainer shall acquaint staff with the philosophy, organization, program practice, and goals of the secure juvenile detention facility.
(D) "Requirements for Secure Juvenile Detention Facilities" is reviewed as a part of the orientation process and is available to staff at all times.
(E) Within ninety (90) days of employment, by a detention facility, all direct-care staff shall have successfully completed a specific course of instruction in first aid as established by the Red Cross, ASHI, AHA, and presented by a certified instructor, or by a certified instructor in an equivalent professionally recognized first aid training program. There shall be a certificate or card issued to the employee and this card must be signed by the certified instructor attesting to the employee's successful completion of the professionally recognized first aid training program. The Red Cross, ASHI, AHA, or its equivalent, first aid course of instruction, presented by a certified instructor shall be updated within the employee's third year of employment and each succeeding three-year increment. The first aid training may count towards the employee's required annual training hours.
(F) Within ninety (90) days of employment by a detention facility, all direct-care staff shall be certified in have successfully completed an approved course of instruction in cardiopulmonary resuscitation (CPR) as established by the Red Cross, ASHI, AHA, or its equivalent. This training must be presented by a certified instructor, or by a certified instructor in an equivalent professionally recognized CPR training program. There shall be a certificate or card issued to the employee and this card must be signed by the certified instructor attesting to the employee's successful completion of the professionally recognized CPR training program. The Red Cross, ASHI, AHA, or its equivalent CPR course of instruction shall be presented by a certified instructor. Employees will maintain their certification, as required by the certifying entity. The CPR training may count towards the employee's required annual training hours.
(G) Full-time direct-care staff and administrators shall obtain at least 24 hours of training per employment year. Hours are prorated at two hours per month for staff who have not been employed for a full year.
(H) Part-time direct-care staff shall have training hours prorated based on the average number of hours of work per month.
(I) On-call staff shall have a minimum of six (6) hours of training per year.
(J) Support staff shall obtain a minimum of twelve (12) hours of training per employment year.
(K) The content of staff development courses for direct-care staff is relative to their roles and responsibilities. Content may include:
(i) crisis intervention;
(ii) child development;
(iii) behavior management;
(iv) discipline;
(v) stress management;
(vi) therapeutic relationship and intervention;
(vii) child abuse detection, reporting and prevention;
(viii) suicide prevention;
(ix) human sexuality;
(x) client grievance procedures;
(xi) communicable diseases, including sexually transmitted diseases; and
(xii) any other training deemed necessary to meet individual or group training needs.
(L) Attendance at professional conferences, workshops, seminars, formal education classes, or inservice training is counted toward the training requirements provided the training is documented and meets the content requirements.