§ 10A-2-7-501. Intake and probation services - Services related to juvenile offenders.

A.  The Office of Juvenile Affairs shall provide intake and probation services for juveniles in all counties not having a juvenile bureau and parole services in all counties of the state and may enter into agreements to supplement probationary services to juveniles in any county.  The Office of Juvenile Affairs may participate in federal programs for juvenile probation officers, and may apply for, receive, use and administer federal funds for such purpose.

B.  A preadjudicatory substance abuse assessment of a child may be conducted in conjunction with a court intake or preliminary inquiry pursuant to an alleged delinquent act or upon admission to a juvenile detention facility through the use of diagnostic tools including, but not limited to, urinalysis, structured interviews or substance abuse projective testing instruments.

1.  Information gained from the substance abuse assessment pursuant to this subsection shall be used only for substance abuse treatment and for no other purpose.  The results shall not be used in any evidentiary or fact-finding hearing in a juvenile proceeding or as the sole basis for the revocation of a community-based placement or participation in a community-based program.

2.  The results of the substance abuse assessment may be given to the intake, probation or parole counselor of the child, the parent or guardian of the child or to the attorney of the child.  In accordance with the Juvenile Offender Tracking Program and Section 620.6 of Title 10 of the Oklahoma Statutes, the counselor may also provide the results of the substance abuse assessment to medical personnel, therapists, school personnel or others for use in the treatment and rehabilitation of the child.

C.  The Office of Juvenile Affairs and the juvenile bureaus shall implement:

1.  Use of a uniform court intake risk and needs assessment for children alleged or adjudicated to be delinquent;

2.  The imposition of administrative sanctions for the violation of a condition of probation or parole;

3.  A case management system for ensuring appropriate:

a.diversion of youth from the juvenile justice system,

b.services for and supervision of all youth on preadjudicatory or postadjudicatory probation or on parole, and for juvenile offenders in the custody of the Office of Juvenile Affairs, and

c.intensive supervision of juvenile offenders and communication between law enforcement and juvenile court personnel and others regarding such offenders; and

4.  Guidelines for juvenile court personnel recommendations to district attorneys regarding the disposition of individual cases by district attorneys.

D.  1.  The Office of Juvenile Affairs shall establish directly and by contract, services including, but not limited to:

a.misdemeanor and nonserious first-time offender programs,

b.tracking and mentor services,

c.weekend detention,

d.five-day out-of-home sanction placements,

e.short-term thirty-day intensive, highly structured placements,

f.transitional programs,

g.substance abuse treatment and diagnostic and evaluation programs, and

h.day treatment programs.

2.  In implementing these services, the Office of Juvenile Affairs shall give priority to those areas of the state having the highest incidences of juvenile crime and delinquency.

E.  1.  The following entities shall conduct, upon adjudication of a child as a delinquent or in need of supervision unless such child has been previously assessed within the six (6) months prior to such intake, a literacy skills assessment:

a.the Office of Juvenile Affairs,

b.a first-time offender program within a designated youth services agency,

c.any metropolitan county juvenile bureau, or

d.any county operating a juvenile bureau.

2.  Such assessment shall be conducted through the use of diagnostic tools which include, but are not limited to:

a.structured interviews,

b.standardized literacy testing instruments which measure the educational proficiency of the child, and

c.any other measure used to determine:

(1)whether a child is reading at an age-appropriate level, and

(2)the capacity of the child to read at such level.

3.  The results of the literacy skills assessment required pursuant to this subsection shall be made available to the court by the district attorney for use in the disposition phase; provided, however, the results shall not be used in any evidentiary or fact-finding hearing in a juvenile proceeding to determine whether a juvenile should be adjudicated.  Provided, further, such results shall not be used as the sole basis for the revocation of a community-based placement or participation in a community-based program.

4.a.Upon request, the results of the literacy skills assessment shall be given to the following:

(1)the child's intake, probation or parole counselor,

(2)the parent or guardian of the child, or

(3)the child's attorney.

b.In accordance with the Juvenile Offender Tracking Program and Section 620.6 of Title 10 of the Oklahoma Statutes, the counselor may also provide the results of the literacy skills assessment to therapists, school personnel or others for use in the training and rehabilitation of the child.

5.a.If the child is a juvenile placed in an institution or facility operated by the Office of Juvenile Affairs, the child shall be assessed and a literacy improvement program shall be implemented in accordance with Sections 2-7-601 and 2-7-603 of this title.

b.If the child is adjudicated delinquent or in need of supervision or is being detained as part of a deferral of prosecution agreement, deferral to file agreement or a deferral sentence agreement, and the results of the literacy skills assessment show that the child is not reading at an age-appropriate level but has the capacity to improve his or her reading skills, the child shall be required to actively participate in a literacy skills improvement program which may include, but not be limited to, a program of instruction through a public or private school, including any technology center school, of this state or any other state.  The child shall provide documentation of substantial quantifiable literacy improvement, sufficient to demonstrate reading proficiency at an age-appropriate or developmentally appropriate level; provided, however, failure to demonstrate substantial quantifiable literacy improvement shall not be the sole basis for not dismissing a case against a child.

Added by Laws 1968, c. 282, § 141, eff. Jan. 13, 1969.  Amended by Laws 1982, c. 312, § 31, operative Oct. 1, 1982; Laws 1991, c. 296, § 16, eff. Sept. 1, 1991; Laws 1995, c. 352, § 89, eff. July 1, 1995.  Renumbered from § 1141 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995.  Amended by Laws 1997, c. 392, § 2, eff. July 1, 1997; Laws 1998, c. 268, § 4, eff. July 1, 1998; Laws 2001, c. 33, § 10, eff. July 1, 2001; Laws 2006, c. 320, § 15, emerg. eff. June 9, 2006; Laws 2009, c. 234, § 14, emerg. eff. May 21, 2009.  Renumbered from § 7302-5.1 of Title 10 by Laws 2009, c. 234, § 173, emerg. eff. May 21, 2009.  Amended by Laws 2013, c. 404, § 23, eff. Nov. 1, 2013.