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 a simple drug possession offender,
				  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 in-service training is
				  counted toward the training requirements provided the training is documented
				  and meets the content requirements.