Okla. Stat. tit. 10A, § 10A-1-7-105
This is the official text of Okla. Stat. tit. 10A, § 10A-1-7-105, part of Oklahoma’s Stat. tit. 10A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10A,." Browse the sections below, each linked to its official government source.
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Rules, policies and procedures regarding children in
Official statutory text
Department custody.
A. The Department of Human Services shall promulgate written
rules, policies, and procedures governing the operation of those
residential care facilities, including group homes, operated by or
under contract with the Department wherein a child may be placed,
requiring assurance that at least one employee of the facility is
designated and authorized to apply the reasonable and prudent parent
standard to decisions involving the participation of a child in age-
appropriate or developmentally appropriate activities. The
authorized employee shall be provided with training on how to use
and apply the reasonable and prudent parent standard.
B. The policies prescribed shall, at a minimum, ensure that:
1. A child shall not be punished by physical force, deprivation
of nutritious meals or 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;
4. A child shall be allowed his or her own clothing or
individualized clothing which is clean;
5. 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 or if authorized by the court for the protection of
the child;
6. A child shall have a right to communicate and to visit with
his or her family on a regular basis, and to communicate with
persons in the community provided the communication or visitation is
in the best interests of the child;
7. A child shall have timely access to medical care as needed;
8. A child in the custody or care of the Department shall be
provided access to an education including teaching, educational
materials, and books;
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 198
9. A child shall have a right to access to the child's
attorney;
10. A child shall be afforded a grievance procedure, including
an appeal procedure;
11. The behavioral health needs of the child shall be met,
protected, and served through provision of guidance, counseling, and
treatment programs, staffed by competent, professionally qualified
persons;
12. The emotional and developmental growth of the child shall
be encouraged by allowing the child to participate in age-
appropriate and developmentally appropriate extracurricular,
enrichment, cultural, and social activities, using a reasonable and
prudent parent standard; and
13. Use of physical force, when authorized, shall be the least
force necessary under the circumstances and shall be permitted only
under the following circumstances:
a. for self-protection,
b. to separate children who are fighting,
c. to restrain children in danger of inflicting harm to
themselves or others, or
d. to deter children who are in the process of leaving
the facility without authorization.
C. Any contract or agreement entered into by the Department for
the residential care and treatment of children in the custody of the
Department shall provide that a failure to comply with the
provisions of this section may result in a termination or
cancellation of the contract or other appropriate sanction.
A. The Department of Human Services shall promulgate written
rules, policies, and procedures governing the operation of those
residential care facilities, including group homes, operated by or
under contract with the Department wherein a child may be placed,
requiring assurance that at least one employee of the facility is
designated and authorized to apply the reasonable and prudent parent
standard to decisions involving the participation of a child in age-
appropriate or developmentally appropriate activities. The
authorized employee shall be provided with training on how to use
and apply the reasonable and prudent parent standard.
B. The policies prescribed shall, at a minimum, ensure that:
1. A child shall not be punished by physical force, deprivation
of nutritious meals or 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;
4. A child shall be allowed his or her own clothing or
individualized clothing which is clean;
5. 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 or if authorized by the court for the protection of
the child;
6. A child shall have a right to communicate and to visit with
his or her family on a regular basis, and to communicate with
persons in the community provided the communication or visitation is
in the best interests of the child;
7. A child shall have timely access to medical care as needed;
8. A child in the custody or care of the Department shall be
provided access to an education including teaching, educational
materials, and books;
Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 198
9. A child shall have a right to access to the child's
attorney;
10. A child shall be afforded a grievance procedure, including
an appeal procedure;
11. The behavioral health needs of the child shall be met,
protected, and served through provision of guidance, counseling, and
treatment programs, staffed by competent, professionally qualified
persons;
12. The emotional and developmental growth of the child shall
be encouraged by allowing the child to participate in age-
appropriate and developmentally appropriate extracurricular,
enrichment, cultural, and social activities, using a reasonable and
prudent parent standard; and
13. Use of physical force, when authorized, shall be the least
force necessary under the circumstances and shall be permitted only
under the following circumstances:
a. for self-protection,
b. to separate children who are fighting,
c. to restrain children in danger of inflicting harm to
themselves or others, or
d. to deter children who are in the process of leaving
the facility without authorization.
C. Any contract or agreement entered into by the Department for
the residential care and treatment of children in the custody of the
Department shall provide that a failure to comply with the
provisions of this section may result in a termination or
cancellation of the contract or other appropriate sanction.
Status: in_force · Read it on the official government site
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