reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 3 - Administrative Services › Subchapter 17 - Federal Funds Development Unit › Part 5 - FEDERAL-STATE COORDINATION AND TECHNICAL ASSISTANCE SERVICES › Section 377:3-17-32 - Title XIX residential behavioral management services in group settings and non-secure diagnostic and evaluation centers

Current through Vol. 41, No. 20, July 1, 2024
Rules regarding Title XIX residential behavioral management
					 services in group settings and non-secure diagnostic and evaluation centers are
					 promulgated by the Oklahoma Health Care Authority. Rules are set forth in OAC
					 317:30-5, Part 105.
Added at 16 Ok Reg
					 2967, eff 7-12-99
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 3 - Administrative Services › Subchapter 17 - Federal Funds Development Unit › Part 9 - PROPERTY MANAGEMENT [Revoked] › Section 377:3-17-35 - Property management responsibilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 2967, eff 7-12-99; Revoked at 17 Ok Reg 3132, eff
					 7-27-00
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 3 - Administrative Services › Subchapter 17 - Federal Funds Development Unit › Part 11 - CONTRACTING [Revoked] › Section 377:3-17-65 - Contracting [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg
					 2967, eff 7-12-99; Revoked at 17 Ok Reg 3132, eff
					 7-27-00
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 3 - Administrative Services › Subchapter 19 - Contract, Procurement, and Support Services › Section 377:3-19-1 - Purpose and legal base

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to describe rules
				  pertaining to contract, procurement, and support services. The authority for
				  the Office of Contract, Procurement, and Support Services to carry out its
				  duties is found in 10A O.S., § 2-7-101(H)(7).
Added at 17 Ok Reg 3134,
				  eff 7-27-00; Amended at 28 Ok Reg 1981, eff
				  7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 3 - Administrative Services › Subchapter 19 - Contract, Procurement, and Support Services › Section 377:3-19-2 - Property management responsibilities

Current through Vol. 41, No. 20, July 1, 2024
Designated staff shall:
(1) properly account for assets pertaining to
				facilities and materials, in accordance with state laws and
				procedures;
(2) establish and
				maintain procedures for routine inspection and inventory of state property;
				and
(3) maintain a space management
				program which ensures adequate facilities for all field agency
				operations.
Added at 17 Ok Reg 3134,
				  eff 7-27-00; Amended at 21 Ok Reg 2428, eff
				  7-1-04
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 3 - Administrative Services › Subchapter 19 - Contract, Procurement, and Support Services › Section 377:3-19-3 - Contracting

Current through Vol. 41, No. 20, July 1, 2024
(a) In accordance
				with the Central Purchasing Act, 74 O.S., as amended, OJA shall develop
				internal procurement procedures, including procedures to ensure that sole
				source contracts comply with all relevant state and federal laws and the OJA
				Board will be notified of any approved contracts at the next Board
				meeting.
(b) In accordance with 10A
				O.S., § 2-7-101(H)(7), OJA shall develop internal contracting
				procedures.
(c) The Executive
				Director shall establish final signature authority for all OJA acquisition
				forms and will notify the OJA Board when changes are made to the signature
				authority.
Added at 17 Ok Reg 3134,
				  eff 7-27-00; Amended at 21 Ok Reg 2428, eff 7-1-04; Amended at 28 Ok Reg 1981,
				  eff 7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 1 - General Provisions › Section 377:5-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to provide rules for
				  administrative parole hearings, administrative parole, step-down or reentry
				  programs, and to establish due process for parole revocation and Administrative
				  Transfer Hearings for juveniles.
Added at 22 Ok Reg 2071,
				  eff 7-1-05; Amended at 28 Ok Reg 1990, eff
				  7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 1 - General Provisions › Section 377:5-1-2 - Mission

Current through Vol. 41, No. 20, July 1, 2024
The Parole Board shall provide administrative and/or parole
				  hearings when there is:
(1) an
				application to revoke parole;
(2)
				an application for an Administrative Transfer Hearing; or
(3) a recommendation to deny
				parole.
Added at 22 Ok Reg 2071,
				  eff 7-1-05
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 1 - General Provisions › Section 377:5-1-3 - Legal basis

Current through Vol. 41, No. 20, July 1, 2024
Granting parole
,
revoking parole, providing for
				  a step-down or reentry program, and administratively transferring juveniles
				  from a community placement (nonsecure) to an institution (secure) are
				  administrative functions authorized by Title 10A O.S., §§
									2-7-301(B)(2),
				  2-7-601(A)(3),
				  2-7-601(B),
				  and
				  2-5-212.
				  The Parole Board is an Office within the Office of Juvenile Affairs (OJA) and
				  is composed of persons designated by the Chief of Staff. The Chief of Staff or
				  Parole Board shall assign staff to conduct hearings.
Added at 22 Ok Reg 2071,
				  eff 7-1-05; Amended at 24 Ok Reg 1398, eff 7-1-07; Amended at 28 Ok Reg 1990,
				  eff 7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 1 - General Provisions › Section 377:5-1-4 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Step-down or reentry program"
A step-down or
				  reentry program means the release of a juvenile from institutional placement to
				  a group home, transitional living program, independent living program, or other
				  community-based facility or program, which focuses on reintegration of the
				  juvenile into the community.
Added at 28 Ok Reg 1991,
				  eff 7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 3 - Pre-Release Planning › Section 377:5-3-1 - Pre-release planning

Current through Vol. 41, No. 20, July 1, 2024
Title 10A O.S., Sections
				  2-7-601(A)
				  and
				  2-5-212,
				  give OJAauthority to place a juvenile or youthful offender on parole whenever
				  OJA determines that such release shallnot be detrimental to society and that
				  the juvenile or youthful offender is ready to be returned to the community or
				  has reasonably completed a plan of rehabilitation. The Office of Juvenile
				  Affairs may, pursuant to the same provisions of law, release a juvenile or
				  youthful offender from an institution for placement in a group home,
				  transitional living program, independent living program or other
				  community-based step-down or reentry program.
Added at 22 Ok Reg 2071,
				  eff 7-1-05; Amended at 24 Ok Reg 1398, eff 7-1-07; Amended at 26 Ok Reg 2246,
				  eff 7-1-09; Amended at 28 Ok Reg 1990, eff
				  7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 3 - Pre-Release Planning › Section 377:5-3-2 - Scheduling of the tentative targeted review date

Current through Vol. 41, No. 20, July 1, 2024
(a)
Institutional Treatment
				Plan.
Within 30 days of institutional admission, an Institutional
				Treatment Plan shall be prepared and signed by the Institutional Supervisor,
				Youth and Juvenile Justice Specialist (JJS) Worker.
(b)
Scheduling.
Within 45 days
				of institutional admission a targeted review date shall be set for the
				juvenile. A meeting shall be held with the juvenile for the purpose of
				scheduling the targeted review date. At the meeting the criteria for release
				shall be explained to the juvenile.
(c)
Persons Present.
The
				juvenile, the Advocate Defender, and the Institutional JJS shall be present at
				the meeting.
(d)
Guidelines
				for targeted review date.
The targeted review date is determined by the
				juvenile's delinquent classification and date of placement in the institution.
				The dates are given in (1) - (2) of this paragraph:
(1) Class I's, Class II's, and Class III's -
				twelve months
(2) Class IV's- nine
				months
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 3 - Pre-Release Planning › Section 377:5-3-3 - Parole

Current through Vol. 41, No. 20, July 1, 2024
(a)
Parole.
The granting of parole is an administrative function,
				which is authorized by 10A O.S., §§ 2-7-601(A)(3) and 2-5-212. This function is
				carried out through a parole hearing or through an administrative
				parole.
(b)
The Parole Board
				process.
When a juvenile placed in an institution has made sufficient
				progress towards meeting the goals of his/her treatment plan and, where
				applicable, has successfully completed the passes as prescribed by the Office
				of Juvenile Affairs (OJA), the institution and JSU worker shall submit a parole
				recommendation to the Parole Board for release consideration.
(c)
Administrative parole.
An
				administrative parole is the method by which parole may be granted without a
				parole hearing.
(1) The Executive Director of
				OJA or his/her designee may grant an administrative parole for a juvenile
				exiting a program with a projected length of stay.
(2) When JSU and institutional staff
				recommend that the juvenile should be paroled, the Parole Board may accept the
				recommendation and grant an administrative parole.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 3 - Pre-Release Planning › Section 377:5-3-4 - Review of the targeted review date

Current through Vol. 41, No. 20, July 1, 2024
(a)
General Provisions.
The
				purpose of the review is to assess the juvenile's progress toward the
				successful completion of his or her individual treatment plan. The review shall
				provide the juvenile with the opportunity to verbally express any treatment
				concerns that he or she might have.
(b)
Persons Present.
The
				juvenile, the Advocate Defender, the JJS, and the JSU worker shall participate
				in the review.
(c)
Notice.
The juvenile shall receive notice of the review at least
				48 hours in advance.
(d)
Recommendations.
(1) At the
				conclusion of the review, the institutional staff and JSU worker may recommend
				to the Parole Board that the juvenile be paroled. If parole is recommended, the
				recommendation shall be submitted to the Parole Board for release
				consideration. If the Parole Board rejects the recommendation, the matter shall
				be scheduled for a parole hearing in accordance with
				377:5-5-2(a).
(2) The institutional staff and/or the JSU
				worker may or may not recommend parole. If parole is not recommended by either
				or both, the matter shall be scheduled for a parole hearing in accordance with
				377:5-5-2(b).
(3) The juvenile shall be advised of the
				recommendation and the reasons for the recommendation at the conclusion of the
				review.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 3 - Pre-Release Planning › Section 377:5-3-5 - Parole rules

Current through Vol. 41, No. 20, July 1, 2024
(a) A uniform set
				of parole rules is set forth in the Statement of Parole Rules form. Prior to
				being released on parole from an institution, the juvenile shall be required to
				sign parole rules. The JSU worker, based on the juvenile's individual needs,
				may add more specific rules to assist the juvenile with community adjustment.
				Additional conditions are written in the Additional Parole Rules form and carry
				the same force and effect as the uniform rules.
(b) Parole rules include:
(1) an acknowledgment by the juvenile that
				the juvenile is on parole and agrees that he/she:
(A) will not violate any federal, state, or
				local laws;
(B) will not leave the
				approved placement without approval from the JSU worker;
(C) will obey reasonable and lawful commands
				of parent, guardian, or other custodian, including school officials;
(D) will attend school, unless legally
				excused; and
(E) will be involved
				in an appropriate alternative program, if legally excused from
				school.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 3 - Pre-Release Planning › Section 377:5-3-6 - Rules of Supervised Community Placement for step-down or reentry

Current through Vol. 41, No. 20, July 1, 2024
Juveniles placed in step-down or reentry programs shall
				  execute Rules of Supervised Community Placement which shall conform to the
				  requirements of Rules
				  377:25-7-27
				  and
				  377:25-7-28.
Added at 28 Ok Reg 1990,
				  eff 7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 5 - HEARINGS › Section 377:5-5-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Administrative Transfer Hearing (community)"
A
				  hearing by which the supervised community placement (SCP) status of a
				  delinquent juvenile may be terminated.
"Hearing Examiner"
A Hearing Officer or Panel of
				  Parole Board members who preside over parole hearings.
"Hearing Officer"
Hearing Officers shall be
				  appointed by the OJA Chief of Staff.
"Parole Board Members"
Parole Board Members
				  shall be the OJA Chief of Staff/designee and his two appointees.
"Parole Hearing"
An evidentiary hearing provided
				  to a juvenile when OJA staff do not recommend parole during the month of
				  targeted review or when a staff recommendation for parole is rejected by the
				  Parole Board.
"Parole Revocation Hearing"
An evidentiary
				  hearing by which the parole status of a juvenile may be revoked. A juvenile's
				  parole may be revoked for violation of the terms and conditions of
				  parole.
"Targeted Review Date"
An actual fixed month and
				  year for targeted review.
Added at 22 Ok Reg 2071,
				  eff 7-1-05; Amended at 24 Ok Reg 1398, eff 7-1-07; Amended at 26 Ok Reg 2246,
				  eff 7-1-09
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 5 - HEARINGS › Section 377:5-5-2 - Parole Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) If the Parole
				Board has rejected a staff recommendation for parole, a 3-member panel of the
				Parole Board shall preside over the parole hearing, as the Hearing
				Examiner.
(b) If parole has not
				been recommended by the JSU and/or institutional staff, a Hearing Officer shall
				preside over the parole hearing, as the Hearing Examiner.
(c)
Notice.
The juvenile,
				parent, guardian, or legal custodian and Advocate Defender shall have at least
				14 calendar days notice of the hearing.
(d)
Conduct of Parole Hearings.
The parole hearing shall be conducted in an orderly manner and with a concern
				for privacy with ample opportunity for the juvenile to express his/her views.
				The Hearing Examiner shall explain the purpose of the parole hearing and the
				issues to be addressed to the juvenile.
(1)
				OJA staff shall provide written documentation and other information, which
				supports their recommendation at least seven (7) days (excluding weekends and
				holidays) prior to a Parole Hearing. The information shall include, but is not
				limited to:
(A) the number and severity of
				committing offense(s) and any previous offense(s);
(B) the institutional adjustment of the
				juvenile including any serious negative behavior; i.e., major rule
				violations;
(C) the existence of a
				workable parole placement and an adequate program in the community;
(D) the juvenile's adjustment on any weekend
				passes or other community release;
(E) the review of the juvenile's
				progress;
(F) the existence of any
				pending charges and the possibility of any recommitment on these
				charges;
(G) the juvenile's
				willingness to cooperate with parole supervision; and
(H) relevant conditions in the
				community.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 5 - HEARINGS › Section 377:5-5-3 - Parole revocation hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Parole violations.
When alleged violations of parole occur, the
				JSU worker and supervisor shall consider specific factors when deciding whether
				to request a revocation of a juvenile's parole. Factors include the:
(1) seriousness of the juvenile's
				offense;
(2) overall adjustment of
				the juvenile; and
(3) demonstrated
				lack of amenability to treatment.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 5 - HEARINGS › Section 377:5-5-4 - Administrative Transfer Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
				An Administrative Transfer Hearing is an administrative process by which the
				Parole Board may terminate the Supervised Community Placement (SCP) status of a
				juvenile. The juvenile may be placed in an institutional setting. The Parole
				Board shall base a decision to revoke SCP on the seriousness of the offense and
				the overall adjustment of the juvenile.
(b)
General provisions.
(Pre-administrative Conference)
(1)
Supervised Community Placement.
When alleged SCP violations occur,
				the JSU worker and supervisor shall consider specific factors when deciding
				whether to request an Administrative Transfer Hearing. Factors include the:
(A) seriousness of the juvenile's
				offense;
(B) overall adjustment of
				the juvenile; and
(C) demonstrated
				lack of amenability to treatment.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 5 - HEARINGS › Section 377:5-5-5 - Conduct of Parole Revocation and Administrative Transfer Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) Conduct of the
				hearings. The Hearing Officer shall conduct the hearing to obtain accurate
				information upon which an informed decision can be reached.
(1) At the beginning of the hearing, the
				Hearing Officer shall ascertain that:
(A)
				notice of the hearing, including the time, date and location of the hearing,
				and a copy of the Application to Revoke Parole or for Administrative Transfer
				Hearing (ATH), were given to the juvenile, the parent, guardian or legal
				custodian, and legal counsel at least 24 hours before the hearing;
				and
(B) legal counsel is present to
				represent the juvenile and has been given an opportunity to prepare a
				defense.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 5 - institutional placement › Subchapter 7 - Intensive Treatment Program Transfers › Section 377:5-7-1 - Intensive Treatment Program Transfer Process

Current through Vol. 41, No. 20, July 1, 2024
(a) The Intensive Treatment Program (ITP)
				Transfer is an administrative process to determine whether the juvenile is
				dangerous and poses a threat in the current placement and should be transferred
				to a more secure and intensive treatment setting. In emergency transfers, such
				due process safeguards are instituted immediately following the transfer. The
				OJA Executive Director or designee shall authorize all emergency
				transfers.
(b) Following a
				confirmed finding of a qualifying rule violation, and prior to transfer, the
				following shall occur:
(1) completion of ITP
				screening;
(2) an ITP staffing
				where the Advocate Defender shall be present at the ITP staffing to assist the
				juvenile in representation; and
(3)
				a 2/3 vote of the ITP staffing committee members.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to set forth rules for OJA
				  staff and for contractors providing care for juveniles in custody of the Office
				  of Juvenile Affairs. Rules in this Subchapter include juvenile rights, the use
				  of physical force, including restraints, confidentiality, the use of
				  audio/video equipment for recreational or programmatic activities in
				  OJA-operated and contract facilities, and contracting
				  requirements.
Added at 14 Ok Reg 1864,
				  eff 6-2-97; Amended at 15 Ok Reg 3628, eff 6-1-98 (emergency); Amended at 16 Ok
				  Reg 2969, eff 7-12-99; Amended at 18 Ok Reg 2159, eff
				  7-1-01
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  have the following meaning, unless the context clearly indicates
				  otherwise:
"
Juvenile
" means all persons in OJA custody or
				  under its supervision for whom OJA is required to provide services by law or
				  court order.
Added at 18 Ok Reg 2159,
				  eff 7-1-01
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-2 - Juvenile rights

Current through Vol. 41, No. 20, July 1, 2024
(a)
Right to
				treatment.
Each juvenile shall have the right to receive individualized
				care and treatment in the least restrictive setting consistent with the
				juvenile's care and treatment needs and, in the case of a delinquent juvenile,
				with the protection of the public. This means that:
(1) Juveniles are entitled to be protected
				and cared for in a safe, caring, and humane environment;
(2) Services provided to juveniles shall be
				based upon the individualized needs of each child, as determined by
				comprehensive assessment and evaluation, flexible, and available when needed
				for juveniles throughout the state. Juveniles shall be provided the programs
				and services reasonably necessary to implement each juvenile's individual
				service plan;
(3) Services provided
				to juveniles shall be family-based whenever possible;
(4) A full range of community-based program
				options must be a part of an overall continuum of care so as to implement the
				least restrictive placement for juveniles that is consistent with their needs
				and additionally, in the case of delinquents, with public safety;
(5) In determining the appropriate placement
				of juveniles, the presumption shall be that the juvenile's best interests are
				served by remaining in his or her own home or home community with necessary
				services to be provided there;
(6)
				Placement of juveniles in residential settings shall occur only after all
				non-residential alternatives have been attempted or considered, and placement
				of children in secure or highly restrictive residential settings shall occur
				only after less restrictive residential settings have been attempted or
				considered;
(7) Brief psychiatric
				hospitalization for the short-term crisis stabilization of juveniles shall be
				the primary use of inpatient psychiatric care. Inpatient psychiatric care shall
				not be used for chemical dependency treatment unless the juvenile is psychotic,
				suicidal, or dangerous and cannot be stabilized in a less restrictive
				placement;
(8) Residential services
				shall be provided, whenever possible, in small, homelike, community-based
				facilities rather than larger, self-contained units; and
(9) When juveniles are placed in residential
				care, multiple residential placements shall be avoided to achieve placement
				stability. The length of stay in non-community-based residential care shall be
				as brief as possible.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-3 - Discipline

Current through Vol. 41, No. 20, July 1, 2024
(a) When it becomes
				necessary to discipline a juvenile, staff shall do so by utilizing sanctions
				that are appropriate to the severity of the infraction. Appropriate methods of
				discipline include withdrawal of privileges or placement in a more restrictive
				environment.
(b) Destruction of
				state property. Juveniles found guilty through the disciplinary process of
				destroying state, staff, or other resident property will be assessed the value
				of the property as determined by the disciplinary hearing officer. Juveniles
				shall pay for the property from any appropriate funds.
(c) OJA staff and contractors may use
				physical force or mechanical restraints only under the circumstances described
				in OAC
				377:10-1-4,
				10-1-4.1, and 10-1-4.2.
(1) Appropriate types
				of discipline protect the resident from harming self and others.
(2) Staff and contractors shall use a course
				of behavioral management approved by the Executive Director or the Chief of
				Staff of the Office of Juvenile Affairs in dealing with juveniles. Other
				appropriate methods of control include withdrawal of privileges, placement in a
				more restrictive environment, or placement in the crisis management center,
				when necessary.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-4 - Use of physical force and/or mechanical restraints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use of physical force.
Title
				10A O.S. , §
									2-7-604
				prohibits the use of physical force in institutions and other facilities
				operated by or contracted with OJA except:
(1) when necessary for
				self-protection;
(2) to separate
				juveniles who are fighting;
(3) to
				restrain juveniles who are in danger of harming themselves or others;
				or
(4) to restrain juveniles who
				have escaped or are in the process of escaping.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-4.1 - Use of chemical agents

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Use of Oleoresin Capsicum (OC) spray in a secure facility is prohibited except
				in the following circumstances that allow for the lawful and justifiable use of
				force:
(1) for self-protection; or
(2) to separate juveniles who are fighting;
				or
(3) to restrain juveniles in
				danger of inflicting harm to themselves or others; or
(4) to restrain juveniles who have escaped or
				who are in the process of escaping.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-4.2 - Use of Electrical Conducted Device (ECD)

Current through Vol. 41, No. 20, July 1, 2024
(a) Use of ECD in a secure facility is
				prohibited except in the following circumstances:
(1) where only Youthful Offenders are housed;
				and
(2) when Youthful Offenders
				have a means and opportunity to cause great bodily injury or threaten the life
				of a staff or other Youthful Offenders.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-5 - Testing for research purposes

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Juveniles are permitted to participate in research projects if:
(1) the research is:
(A) non-medical;
(B) non-pharmaceutical; or
(C) non-cosmetic;
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-6 - Pharmaceuticals

Current through Vol. 41, No. 20, July 1, 2024
(a) Medical or
				pharmaceutical testing for experimental or research purposes is
				prohibited.
(b) Mind altering
				drugs, such as stimulants, tranquilizers, or psychotropics, may be administered
				only as a part of a program of medically-approved therapy.
Added at 14 Ok Reg 1864,
				  eff 6-2-97; Amended at 18 Ok Reg 2159, eff
				  7-1-01
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-7 - Confidential records

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma
				Juvenile Code at 10A O.S., § 2-6-102, as amended provides for the
				confidentiality of the following records relating to juveniles:
(1) juvenile court records;
(2) agency records;
(3) district attorneys' records;
(4) law enforcement records;
(5) nondirectory education records;
				and
(6) social records.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-8 - Agency records

Current through Vol. 41, No. 20, July 1, 2024
(a) "
Agency
				record
" means records prepared, obtained, or maintained by a public or
				private agency with regard to a child who is or has been under its care,
				custody, or supervision or with regard to a family member or other person
				living in the home of such child and includes, but is not limited to:
(1) any study, plan, recommendation,
				assessment, or report made or authorized to be made by such agency for the
				purpose of determining or describing the history, diagnosis, custody,
				condition, care, or treatment of such child; or
(2) any records made in the course of any
				investigation or inquiry conducted by an agency to determine whether a child is
				a delinquent child or a child in need of supervision.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-9 - Information sharing

Current through Vol. 41, No. 20, July 1, 2024
(a) The Juvenile
				Offender Tracking Program, 10A O.S., § 2-7-901, et seq., provides for the
				exchange of information relating tojuvenile offenders among law enforcement
				agencies, juvenile court personnel, district attorneys, and others who require
				such information.
(b) Information
				regarding such juvenile offenders shall be made available to the agencies
				responsible for the implementation of the Program. The Office of Juvenile
				Affairs, the juvenile bureaus, the District Attorneys' Council, the Oklahoma
				State Supreme Court as provided by law, the Oklahoma Commission on Children and
				Youth, the Oklahoma State Bureau of Investigation, local law enforcement
				agencies, and other agencies comprising the juvenile justice system, as defined
				by 10A O.S., § 2-7-902(1), shall enter into contracts or interagency agreements
				under the Interlocal Cooperation Act for the purpose of sharing information
				regarding said offenders.
(c) Such
				contracts and agreements shall be made in accordance with any applicable
				proposed guidelines as set forth in 10A O.S., § 2-7-904.
Added at 14 Ok Reg 1864,
				  eff 6-2-97; Amended at 15 Ok Reg 3628, eff 6-1-98 (emergency); Amended at 16 Ok
				  Reg 2969, eff 7-12-99; Amended at 24 Ok Reg 1401, eff 7-1-07; Amended at 28 Ok
				  Reg 1993, eff 7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-10 - Disclosure of records without court order

Current through Vol. 41, No. 20, July 1, 2024
(a) In accordance with the rules adopted
				pursuant to the Oklahoma Juvenile Code, 10A O.S., §§ 2-6-102 and 2-6-104, and
				10 O.S., § 620.6, juvenile court records, agency records, district attorney's
				records, law enforcement records, non-directory education records, and social
				records, as defined by law, may be inspected and their contents disclosed
				without a court order to:
(1) participating
				agencies as defined in 10A O.S., § 2-6-101(9);
(2) a person, agency, hospital, or clinic
				authorized or directed by the court or by the Office of Juvenile Affairs to
				care for, treat, examine, evaluate, or supervise a child or to treat, examine,
				or evaluate the parent, legal guardian, or other adult person living in the
				home of the child;
(3) a legally
				recognized school that is not a participating agency in which the child, who is
				the subject of the records, is currently enrolled or has been presented for
				enrollment; and
(4) individuals or
				agencies engaged in legitimate research for educational, scientific, or public
				purposes or for the purpose of an audit authorized by law. No information
				identifying the subjects of the records shall be made available or disclosed
				unless it is essential to the research or audit purpose.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-11 - Documents and records

Current through Vol. 41, No. 20, July 1, 2024
(a) Documents
				filed with or presented to OJA shall be retained in the OJA files for the
				length of time required by state and federal laws. Documents shall be disposed
				of, sealed, and expunged in a manner consistent with the Records Management
				Act, 67 O.S., §§ 201 through 216; 67 O.S., §§ 305 through 317, which pertain to
				archives and records; and 10A O.S., § 2-6-109, which pertains to the sealing of
				records. The records disposition schedule for OJA is available for public
				inspection.
(b) OJA records are
				available for public inspection in accordance with the Oklahoma Open Records
				Act, 51 O.S., § 24A.1 through 24A.24 as amended and OJA rules and procedures.
				All requests for agency and/or juvenile records must be submitted to the OJA
				Public Records Officer, P.O. Box 268812, Oklahoma City, OK 73126. No staff,
				other than the Public Records Officer or designee, shall fill records
				requests.
(c) In order to avoid
				giving unfair advantage to competitors or bidders, OJA shall keep confidential
				records relating to:
(1) specifications for
				competitive bidding prior to publication by the public body; and
(2) prior to the opening of bids by OJA or
				its representative, the contents of sealed bids solicited through requests for
				proposals or requests for information under Office of Management Enterprises,
				Division of Capital Assets Management (DCAM) purchasing rules or those
				established by OJA.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-12 - Equality of services

Current through Vol. 41, No. 20, July 1, 2024
When providing services to juveniles and families, neither
				  OJA nor contract service-provider shall discriminate on the basis or race,
				  color, age, gender, religion, national origin, or disability.
Added at 14 Ok Reg 1864,
				  eff 6-2-97; Amended at 15 Ok Reg 3628, eff 6-1-98 (emergency); Amended at 16 Ok
				  Reg 2969, eff 7-12-99; Amended at 18 Ok Reg 2159, eff
				  7-1-01
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-13 - Individual treatment and service plan (ITSP)

Current through Vol. 41, No. 20, July 1, 2024
Rules regarding the individualized treatment and service plan
				  are found in
				  377:25-9-2.
Added at 14 Ok Reg 1864,
				  eff 6-2-97; Amended at 15 Ok Reg 3628, eff 6-1-98 (emergency); Amended at 16 Ok
				  Reg 2969, eff 7-12-99; Amended at 18 Ok Reg 2159, eff
				  7-1-01
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-14 - Contracting requirements

Current through Vol. 41, No. 20, July 1, 2024
Private providers of secure care institutional programs, if
				  any, into which juveniles in-OJA custody are placed shall comply with all the
				  terms and conditions set forth in the Appendix to Order of Dismissal and shall
				  have achieved accreditation or be actively seeking accreditation from the
				  American Correctional Association. All other private facilities providing
				  placements to juveniles in OJA custody shall comply with all applicable state
				  licensing standards and the terms and conditions set forth in Sections III and
				  IV of the Appendix of Order of Dismissal.
Added at 14 Ok Reg 1864,
				  eff 6-2-97
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 1 - Function and Structure of the Office of Juvenile Affairs › Section 377:10-1-15 - Use of audio/video equipment for recreational or programmatic activities in OJA-operated and contract facilities

Current through Vol. 41, No. 20, July 1, 2024
Any OJA-operated or contract facility which uses audio/video
				  equipment for recreational or programmatic activities shall abide by rules set
				  forth in this section.
(1)
Content of material.
(A) The
				facility may show those movies rated G, PG, or PG-13 by the Motion Picture
				Association of America, Inc. (MPAA).
(B) The facility may show movie videos with
				ratings other than G, PG, or PG-13 which have been:
(i) edited for educational use by a
				recognized educational editing company; and
(ii) approved by staff as designated in
				paragraph (2) of this section.
(C) Audio tapes may be used only as part of
				an approved curriculum or program.
(D) Any video game rated "restricted" by
				Entertainment Software Rating Board (ESRB) is not permitted for use in the
				facility.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 2 - Grand Staffing Process › Section 377:10-2-1 - Definitions [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3719,
				  eff 7-16-96 through 7-14-97
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-97 (after the 7-14-97 expiration of the emergency action), Section
				  377:10-2-1 was no longer effective. For the official text of the emergency rule
				  that was in effect from 7-16-96 through 7-14-97, see 13 Ok Reg
				  3719.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 2 - Grand Staffing Process › Section 377:10-2-2 - Grand staffing coordinator's responsibilities [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3719,
				  eff 7-16-96 through 7-14-97
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-97 (after the 7-14-97 expiration of the emergency action), Section
				  377:10-2-2 was no longer effective. For the official text of the emergency rule
				  that was in effect from 7-16-96 through 7-14-97, see 13 Ok Reg
				  3719.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 2 - Grand Staffing Process › Section 377:10-2-3 - Placements in which the grand staffing process occurs [SUPERSEDED by 377:10-9-11]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3719,
				  eff 7-16-96 (emergency); Added as 377:10-9-11 at 14 Ok Reg 1864, eff
				  6-2-97
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 2 - Grand Staffing Process › Section 377:10-2-4 - Grand staffing process components [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3719,
				  eff 7-16-96 through 7-14-97
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-97 (after the 7-14-97 expiration of the emergency action), Section
				  377:10-2-4 was no longer effective. For the official text of the emergency rule
				  that was in effect from 7-16-96 through 7-14-97, see 13 Ok Reg
				  3719.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 2 - Grand Staffing Process › Section 377:10-2-5 - Individual service plan (ISP) planning meeting [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3719,
				  eff 7-16-96 through 7-14-97
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-97 (after the 7-14-97 expiration of the emergency action), Section
				  377:10-2-5 was no longer effective. For the official text of the emergency rule
				  that was in effect from 7-16-96 through 7-14-97, see 13 Ok Reg
				  3719.
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 2 - Grand Staffing Process › Section 377:10-2-6 - Length of stay criteria [SUPERSEDED by 377:10-9-12]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3719,
				  eff 7-16-96 (emergency); Added as 377:10-9-12 at 14 Ok Reg 1864, eff
				  6-2-97
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 2 - Grand Staffing Process › Section 377:10-2-7 - Mid-point grand staffing [SUPERSEDED by 377:10-9-13]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3719,
				  eff 7-16-96 (emergency); Added as 377:10-9-13 at 14 Ok Reg 1864, eff
				  6-2-97
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 2 - Grand Staffing Process › Section 377:10-2-8 - Executive grand staffings [SUPERSEDED by 377:10-9-14]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3719,
				  eff 7-16-96 (emergency); Added as 377:10-9-14 at 14 Ok Reg 1864, eff
				  6-2-97
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 3 - Placement › Section 377:10-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Placement Unit is designated by the Office of Juvenile
				  Affairs to authorize and coordinate placements above the foster care level for
				  all adjudicated juveniles and youthful offenders in custody of the Office of
				  Juvenile Affairs. All commitments, recommitments, parole revocations and
				  administrative transfers of custody youth must be processed through the
				  Placement Unit. The Placement Unit shall make all placements in accordance with
				  10A O.S., §§ 2-5-212, 2-7-502, 2-7-503 , and 2-7-504.
Added at 14 Ok Reg 1864,
				  eff 6-2-97; Amended at 15 Ok Reg 2666, eff 7-1-98; Revoked at 17 Ok Reg 3216,
				  eff 7-18-00 (emergency); Amended at 18 Ok Reg 2638, eff 7-1-01; Amended at 28
				  Ok Reg 1993, eff 7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 3 - Placement › Section 377:10-3-2 - Placement process

Current through Vol. 41, No. 20, July 1, 2024
(a) When a juvenile
				is committed to the custody of the Office of Juvenile Affairs, the JSU worker
				shall conduct a review and assessment of the juvenile to determine the type of
				placement consistent with:
(1) the juvenile's
				treatment needs in the closest location to the juvenile's home; and
(2) if the juvenile is adjudicated
				delinquent, the protection of the public [10A O.S., § 2-2-803].
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 3 - Placement › Section 377:10-3-3 - Delinquent and youthful offender classification

Current through Vol. 41, No. 20, July 1, 2024
As required by 10A O.S., §§ 2-2-803 and 2-5-212, OJA shall
				  conduct a thorough review and assessment of each juvenile placed in OJA
				  custody. OJA staff shall assess each delinquent or youthful offender in three
				  areas in order to identify the most appropriate placement. The three areas
				  are:
(1) offense history;
(2) risk assessment; and
(3) treatment needs.
Added at 14 Ok Reg 1864,
				  eff 6-2-97; Revoked at 17 Ok Reg 3216, eff 7-18-00 (emergency); Amended at 18
				  Ok Reg 2638, eff 7-1-01; Amended at 28 Ok Reg 1993, eff
				  7-15-11
Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 10 - Office of Juvenile Affairs › Subchapter 3 - Placement › Section 377:10-3-4 - Offense history classification

Current through Vol. 41, No. 20, July 1, 2024
Offense history is classified as follows:
(1)
Class I Delinquent/Youthful
				Offender.
Class I refers to a multiple victim endangering offender. The
				Class I offender has committed more than one seriously violent, aggressive, or
				assaultive offense and may have a history of property offenses;
(2)
Class II Delinquent/Youthful
				Offender.
Class II refers to a one-time, seriously violent, aggressive,
				or assaultive offender who may have a history of property offenses;
(3)
Class III Delinquent/Youthful
				Offender.
Class III refers to property offenders. The Class III offender
				has committed multiple, habitual, or chronic property or misdemeanor offenses;
				or
(4)
Class IV
				Delinquent/Youthful Offender.
Class IV offenders have committed:
(A) a single spree of property offenses or
				misdemeanors;
(B) a single property
				offense or misdemeanor; or
(C) two
				property offenses or misdemeaors occurring over a widely spaced period of
				time.