Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 75 - Licensing Services › Subchapter 11 - Child Welfare Community-Based Residential Care › Part 17 - CONTRACTED COMMUNITY-BASED RESIDENTIAL CARE PROVIDERS › Section 340:75-11-237 - Rights of a child in community-based residential care (CBRC)

Current through Vol. 41, No. 20, July 1, 2024
(a) Child's rights.
(1) A child is not subjected to unreasonable
				  silence rules, group punishment for inappropriate individual acts, profanity,
				  verbal abuse, or threats of unnecessary or unauthorized physical force by
				  staff, or "make work"; provided that nothing herein prevents a child from
				  performing routine housekeeping tasks or maintenance work directly related to a
				  vocational program, such as specific skill training.
(2) Except in situations that pose a serious
				  threat to the child's life or health, a child has the right to refuse
				  medications. Refused medications cannot be administered unless a court order is
				  obtained authorizing forcible administration. Necessary medication a physician
				  prescribes may be forcibly administered by staff trained in medication
				  administration and who are familiar with the child's condition.
(3) A child:
(A) is not punished by:
(i) physical force;
(ii) deprivation of nutritious
				  meals;
(iii) deprivation of family
				  visits; or
(iv) solitary
				  confinement;
(B) has the
				  opportunity to participate in physical exercise daily;
(C) has daily access to a shower;
(D) is allowed his or her own clothing or
				  individualized clothing that is clean per Oklahoma Administrative Code (OAC)
				  340:110-3-154.1;
(E) has constant access to writing material
				  and may send mail without limitation, censorship, or prior reading;
(F) may receive mail without prior reading,
				  except that mail may be opened in the child's presence, without being read, to
				  inspect for contraband or when court authorized for the child's
				  protection;
(G) has access to
				  email, mail, social media, and phone calls with family and friends that are not
				  monitored or restricted unless for the child's protection. Denial of email,
				  mail, social media, phone contact, or visitation with family members occurs
				  only by court order when it is determined contact with a specifically
				  identified family member is not in the child's best interest, per OAC
				  340:75-6-30;
(H) has a right to communicate and to visit
				  with his or her family on a regular basis and to communicate with persons in
				  the community provided the communication or visitation is in the child's best
				  interest;
(I) has timely access to
				  medical care as needed;
(J) is
				  provided access to educational programs, including teaching, educational
				  materials, and books;
(K) has a
				  right to access his or her attorney; and
(L) has access to grievance and appeal
				  procedures, per OAC
				  340:2-3-45 through
				  340:2-3-49.
(4) A child's visitation with family is not
				  contingent upon the child's behavior and the CBRC does not deny family
				  visitation.
(5) A child's
				  behavioral health needs are met, protected, and served through the provision of
				  guidance, counseling, and treatment programs staffed by competent,
				  professionally qualified persons.