§ 10A-2-7-601. Juveniles placed in Office-operated institutions and facilities - Powers and duties of Office.

A.  In addition to the other powers and duties prescribed by law, the Office of Juvenile Affairs shall have the following duties and powers with regard to juveniles placed in Office-operated institutions and facilities:

1.  Provide for the care, education, training, treatment and rehabilitation of juveniles who are placed in the institutions and facilities.  The Office shall provide for a uniform system of assessment of the reading ability of each juvenile upon initial placement in an Office-operated institution or facility.  The assessment shall include, but not be limited to, the following skills:

a.the level of word decoding skills of the juvenile,

b.the level of vocabulary and spelling ability of the juvenile, and

c.the comprehension level of the juvenile.

The Office may give assistance to local school districts in providing an education to such juveniles, may supplement such education, and may provide facilities for such purposes.  It shall be the duty of the Office to assure that juveniles in the aforesaid institutions and facilities receive educational services which provide each juvenile with a balanced and comprehensive reading program, which includes as its primary and foundational components:

(1)an organized, systematic, explicit skills program that may include phonics, word recognition strategies and other word decoding skills to address the needs of the individual juvenile as determined by the entry level needs assessment,

(2)a strong language arts and comprehension program that includes a balance of oral and written language, an ongoing individualized evaluation and diagnosis that informs the teacher and an assessment that assures accountability, and

(3)writing, mathematics, science and vocational-technical education;

2.  Transfer from a juvenile institution to another facility under the jurisdiction of the Office, a juvenile who has been adjudicated delinquent, if the Office believes it advisable to do so; transfer from a facility for juveniles in need of supervision to another such facility, a juvenile who has been adjudicated in need of supervision, provided that such transfer is consistent with the treatment needs of the juvenile; transfer from a juvenile institution or facility to a state school for the mentally retarded, any juvenile eligible for admission thereto, if the juvenile appears to be in need of the care and treatment provided at such school; transfer from a facility for delinquent or in need of supervision juveniles to an appropriate facility or to the Department of Mental Health and Substance Abuse Services any juvenile found by the court to be a minor in need of treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act and committed to inpatient mental health or substance abuse treatment as provided by the Inpatient Mental Health and Substance Abuse Treatment of Minors Act.  If a transfer is made pursuant to this paragraph, the Office shall comply with the notification requirements of Section 2-2-504 of this title;

3.  Release on parole a juvenile previously adjudicated to be delinquent, subject to terms and conditions specified by the Office, whenever the Office determines that such release will not be detrimental to society and that the juvenile is ready to be returned to the community and revoke said parole for violation of the specified terms or conditions of parole pursuant to the provisions of this section and the rules and procedures established by the Office for such revocation;

4.  Release any juvenile from a juvenile institution for placement in a group home, transitional living program, independent living program, other community-based facility or program or out-of-home care subject to terms and conditions specified by the Office; and

5.  Provide parole services for juveniles released on parole from juvenile institutions, and aftercare services for juveniles discharged from juvenile institutions or facilities.  Persons designated as Juvenile Parole Officers by the Office shall have the power to serve process and to apprehend and detain juveniles and make arrests in accordance with the laws of the state.

B.  The transfer of a juvenile from a nonsecure placement to a secure placement shall be subject to an administrative transfer hearing and any revocation of parole shall be subject to a parole revocation hearing.

1.  In any administrative transfer or parole revocation proceeding, the following minimum standards shall apply:

a.the juvenile shall have the right to notice of the proposed transfer or parole revocation hearing and the alleged violation of administrative or parole rules on which the proposed transfer or parole revocation is based,

b.the juvenile shall have the right to representation by an attorney,

c.the juvenile shall have the right to present evidence on behalf of the juvenile, and

d.the juvenile shall have a right to bail, except that said right to bail shall not be construed to require that a juvenile who is in residence in an Office-operated institution or other facility at the time of an alleged violation leading to an administrative transfer proceeding be released from such institution or facility.

2.  The situs of said hearings shall be the county in which the alleged violation of administrative or parole rules occurs.  The judge having juvenile docket jurisdiction in said county shall aid the administrative transfer or parole revocation process of the Office by:

a.determining eligibility for and amount of bail;

b.deciding any intermediate custody or placement issue; and

c.if legal counsel for the juvenile has not otherwise been obtained, appointing legal counsel for the juvenile and fixing the amount of compensation for the legal counsel.  Said judge shall also determine if the juvenile is eligible for free legal services.  If the juvenile is not eligible for free legal services, the court shall order the parents or legal guardian of the juvenile to pay for such services.

3.  If legal counsel for the juvenile has not otherwise been obtained, the appointment of legal counsel for the juvenile, the setting of the amount of compensation for such counsel, and the determination of whether or not the juvenile is eligible for free legal services shall be provided for pursuant to the Indigent Defense Act; provided, however, in those counties subject to the provisions of Section 138.1 of Title 19 of the Oklahoma Statutes, the legal services shall be provided by the county indigent defender as provided by law.  If the juvenile is not eligible for free legal services, the court shall order the parents or legal guardian of the juvenile to pay for such services.

C.  The Office may participate in federal programs relating to delinquent juveniles, or juveniles in need of supervision, or institutions and services for such juveniles and apply for, receive, use and administer federal funds for such purposes.

D.  The Office shall receive interest earnings on the investment by the State Treasurer of monies, to be credited to an agency special account, for the benefit of and held in trust for persons placed in the custody of the Office or in residence at institutions or facilities maintained by the Office.

Added by Laws 1995, c. 352, § 93, eff. July 1, 1995.  Amended by  Laws 1996, c. 259, § 1, eff. Nov. 1, 1996; Laws 2002, c. 327, § 23, eff. July 1, 2002; Laws 2009, c. 234, § 18, emerg. eff. May 21, 2009.  Renumbered from § 7302-6.1 of Title 10 by Laws 2009, c. 234, § 174, emerg. eff. May 21, 2009.