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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 10A. CHILDREN AND JUVENILE CODE

  § 10A-2-7-603. Rules, policies and procedures required in facilities.  

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  • A.  The Board of Juvenile Affairs shall promulgate written rules, outline policies and procedures governing the operation of those facilities operated by or through contract with the Office of Juvenile Affairs wherein juveniles may be housed.  Said policies and procedures shall include, but not be limited to, standards of cleanliness, temperature and lighting, availability of medical and dental care, provision of food, furnishings, clothing and toilet articles, supervision, appropriate and permissible use of restriction and confinement, procedures for enforcing rules of conduct consistent with due process of law and visitation privileges.

    B.  The policies prescribed shall, at a minimum, ensure that:

    1.  A child shall not be punished by physical force, deprivation of nutritious meals, deprivation of family visits or solitary confinement;

    2.  A child shall have the opportunity to participate in physical exercise each day;

    3.  A child shall be allowed daily access to showers and the child's own clothing or individualized clothing which is clean.  When a child is participating in an outdoor adventure program that takes the child away from the permanent facility, the child shall be provided with the opportunity to wash with soap and water daily;

    4.  A child shall have constant access to writing materials and may send mail without limitation, censorship or prior reading, and may receive mail without prior reading, except that mail may be opened in the presence of the child, without being read, to inspect for contraband, as defined by Section 21 of Title 57 of the Oklahoma Statutes or as otherwise defined by rules promulgated by the Board of Juvenile Affairs, or to inspect for material harmful to minors, as defined by Section 1040.75 of Title 21 of the Oklahoma Statutes.  Provided that, when based on legitimate facility interests of order and security as determined by the facility superintendent, mail addressed to a child or sent by a child may be read, censored, or rejected, except that mail addressed to a child from the attorney of the child or sent by the child to the attorney of said child shall not be opened, censored, or withheld in any way.  The child shall be notified when incoming or outgoing mail is withheld in part or in full;

    5.  A child shall have reasonable opportunity to communicate and to visit with the child's family on a regular basis and to communicate with persons in the community;

    6.  A child shall have immediate access to medical care as needed and shall receive necessary behavioral health services;

    7.  A child in the custody or care of the Office of Juvenile Affairs shall be provided access to education including teaching, educational materials and books, provided, that such policies shall provide emphasis upon basic literacy skills, including but not limited to curricula requirements stressing reading, writing, mathematics, science, vocational-technical education, and other courses of instruction designed to assure that such children will be capable of being assimilated into society as productive adults capable of self-support and full participation;

    8.  A child shall have reasonable access to an attorney upon request;

    9.  A child shall be afforded a grievance procedure, including an appeal procedure;

    10.  The behavioral health needs and mental well-being of a child will be met, protected and served through provision of guidance, counseling and treatment programs, staffed by competent, professionally qualified persons, serving under the supervision of licensed psychologists, psychiatrists or licensed clinical social workers as defined by the regulations of the State Board of Licensed Social Workers; and

    11.  Upon leaving the custody of the Office of Juvenile Affairs, a child shall be afforded a copy of the literacy progress section of the individualized service plan developed for the child for continued use at the next school placement of the child.

    C.  Any contract or agreement between the Office of Juvenile Affairs and the Department of Mental Health and Substance Abuse Services for the care and treatment of children in the custody of the Office of Juvenile Affairs shall provide that the Department of Mental Health and Substance Abuse Services shall comply with the provisions of subsections A and B of this section and the provisions of Section 2-7-604 of this title.

Added by Laws 1995, c. 352, § 95, eff. July 1, 1995.  Amended by Laws 1996, c. 259, § 2, eff. Nov. 1, 1996; Laws 1998, c. 244, § 3, eff. July 1, 1998; Laws 2000, c. 177, § 4, eff. July 1, 2000; Laws 2006, c. 320, § 16, emerg. eff. June 9, 2006; Laws 2007, c. 1, § 7, emerg. eff. Feb. 22, 2007; Laws 2009, c. 234, § 20, emerg. eff. May 21, 2009.  Renumbered from § 7302-6.3 of Title 10 by Laws 2009, c. 234, § 174, emerg. eff. May 21, 2009.

Note

NOTE:  Laws 2006, c. 124, § 4 repealed by Laws 2007, c. 1, § 8, emerg. eff. Feb. 22, 2007.