Oklahoma Administrative Code › Title 377 - Office of Juvenile Affairs › Chapter 3 - Administrative Services › Subchapter 13 - Office of Public Integrity › Part 1 - GENERAL PROVISIONS › Section 377:3-13-6 - Certification of Secure Juvenile Detention Facilities, Municipal Juvenile Facilities, and Community Intervention Centers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certification.
The
				  certification of secure detention facilities, municipal juvenile facilities,
				  and community intervention centers by OJA is to ensure maintenance of minimum
				  standards for the care and protection of juveniles detained in these
				  facilities. OJA issues a two-year certificate to operate a secure detention
				  facility, a municipal juvenile facility, or a community intervention center
				  when satisfied the facility meets the standards set forth in this subchapter.
				  The certificate is non-transferable.
(b)
Provisional certificate.
OJA
				  shall issue a ninety (90) -day provisional certificate to operate a newly
				  established secure juvenile detention facility, municipal juvenile facility,
				  and community intervention center after determining the facility meets the
				  respective requirements to include: physical plant, staffing ratio, and written
				  policies. Prior to the conclusion of the ninety (90) days, OJA shall conduct a
				  full certification assessment of the facility to ensure its operation is in
				  conformity with the requirements of a juvenile detention facility, municipal
				  juvenile facility, or community intervention center. If the facility is in
				  compliance OJA will issue a two (2) -year certificate to operate the facility.
				  If the facility is not in compliance, OJA may issue a second ninety (90) -day
				  provisional certificate to operate the facility, as long as the health and
				  safety of juveniles are not substantially at risk. OJA shall conduct a second
				  full certification assessment of the facility prior to the conclusion of the
				  ninety (90) days. Based on the findings of the second certification assessment,
				  OJA will either issue the two-year certificate to operate the appropriate
				  facility or deny the application. Only the OJA executive director may authorize
				  more than two (2) ninety (90)-day provisional certificates. Any facility that
				  has been closed, sold, or had a change in operators may not operate as a
				  juvenile detention facility, municipal juvenile facility, or a community
				  intervention center until it has gone through this certification process.
(c)
Probationary
				  Certificate.
If a facility fails to meet/comply with the requirements of
				  certification, but is not considered an immediate risk to the health and safety
				  of the juveniles, OJA may place the facilities certificate on a probationary
				  status to allow the facility time to regain compliance. The probationary status
				  will not last more than ninety (90) days. During this time, OJA can opt to
				  reduce the licensed capacity of the facility, implement additional safety plans
				  or measures, and conduct unannounced inspections as needed. Should the facility
				  fail to regain compliance during this time, the certificate shall be revoked.
				  The facility will receive official notice of the decision to place the
				  facilities certificate on probationary status and the grounds for such action.
(d)
Revocation of
				  certification.
If a facility is unable or unwilling to comply with
				  requirements or has failed to adequately protect the health and safety of the
				  juveniles, OJA may revoke the facility's two (2) -year certification or its
				  ninety (90) -day provisional certification. The OJA executive director must
				  authorize the revocation of the certificate and the facility shall receive
				  notice in writing of the decision and the grounds for such action.
(e)
Monitoring.
The OJA
				  Licensing and Programs Assessment division monitors for compliance with the
				  certification requirements and offers technical assistance upon request.
				  Allegations that a facility is not in compliance with certification
				  requirements may necessitate an investigation. The name of the complainant is
				  kept confidential, if possible. The investigator shall advise the facility
				  administrator of the outcome of the investigation.
(f)
Development and revision of
				  standards.
After compliance monitoring, staff may propose new or
				  modified certification standards to the Board of Juvenile Affairs. The
				  development and revision of standards are subject to the rulemaking
				  requirements of the Administrative Procedures Act.
Added at 14 Ok Reg
					 1863, eff 6-2-97; Amended at 15 Ok Reg 2661, eff 7-1-98; Amended at 17 Ok Reg
					 3202, eff 7-18-00 (emergency); Amended at 18 Ok Reg 2625, eff 7-1-01; Amended
					 at 25 Ok Reg 1364, eff 7-1-08