Okla. Stat. tit. 10A, § 10A-2-3-103

of juvenile detention facilities.

A. Provision shall be made for the temporary detention of

children in a juvenile detention facility or the court may arrange

for the care and custody of such children temporarily in private

homes, subject to the supervision of the court, or the court may

provide shelter or may enter into a contract with any institution or

agency to receive, for temporary care and custody, children within

the jurisdiction of the court. The Office of Juvenile Affairs shall

not be ordered to provide detention unless said Office has

designated and is operating detention services or facilities.

B. County sheriffs of the arresting agency, their designee, any

peace officer, private contractors under contract with the Office of

Juvenile Affairs for transportation services, or juvenile court

officers shall provide for the transportation of juveniles to and

from secure detention for purposes of admission, interfacility

transfer, discharge, medical or dental attention, court appearance,

or placement designated by the Office. No private contract for

transportation services shall be entered into by the Office unless

the private contractor demonstrates to the satisfaction of the

Office that such contractor is able to obtain insurance or provide

self-insurance to indemnify the Office against possible lawsuits and

meets the requirements of subparagraphs a, b and d of paragraph 4 of

subsection C of this section. The Office of Juvenile Affairs shall

not be ordered to provide transportation for a juvenile who is

detained in or is destined for secure detention. The Office of

Juvenile Affairs shall provide reimbursement to the entity

transporting juveniles for necessary and actual expenses for

transporting juveniles who are detained in or destined for a secure

detention center as follows:

1. A fee for the cost of personal services at the rate of

Seventeen Dollars ($17.00) per hour;

2. Mileage reimbursement for each mile actually traveled at the

rate established in the State Travel Reimbursement Act;

3. Meals for transporting personnel, not to exceed Ten Dollars

($10.00) per meal; and

4. Meals for juveniles being transported, not to exceed Ten

Dollars ($10.00) per meal.

The Office of Juvenile Affairs shall process and mail

reimbursement claims within sixty (60) days of receipt. Payments

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 339

for services provided by a county sheriff's office shall be paid to

the county and deposited in the service fee account of the sheriff.

C. 1. All juvenile detention facilities shall be certified by

the Office of Juvenile Affairs. To be certified, a juvenile

detention facility shall be required to meet standards for

certification promulgated by the Board of Juvenile Affairs.

2. The board of county commissioners of every county shall

provide for the temporary detention of a child who is or who may be

subject to secure detention and may construct a building or rent

space for such purpose. The boards of county commissioners shall

provide for temporary detention services and facilities in

accordance with the provisions of the State Plan for the

Establishment of Juvenile Detention Services adopted pursuant to

subsection D of this section and in accordance with subsections A

and C of Section 2-7-608 of this title. The boards of county

commissioners are hereby authorized to create multicounty trust

authorities for the purpose of operating juvenile detention

facilities.

3. In order to operate the juvenile detention facilities

designated in the State Plan for the Establishment of Juvenile

Detention Services and in subsections A and C of Section 2-7-608 of

this title, the boards of county commissioners in the designated

host counties shall:

a. operate the juvenile detention facility through a

statutorily constituted juvenile bureau subject to the

supervision of the district court, or
juvenile detention facilities

designated in the State Plan for the Establishment of Juvenile

Detention Services and in subsections A and C of Section 2-7-608 of

this title, the boards of county commissioners in the designated

host counties shall:

a. operate the juvenile detention facility through a

statutorily constituted juvenile bureau subject to the

supervision of the district court, or

b. operate the juvenile detention facility by employing a

manager who may employ personnel and incur other

expenses as may be necessary for its operation and

maintenance, or

c. contract with a public agency, private agency,

federally recognized tribe, or single or multi-county

trust authority for the operation of the juvenile

detention facility. In the event any board of county

commissioners contracts with a public or private

agency or a federally recognized tribe, pursuant to

the provisions of this section, the Office is

authorized to directly contract with and pay such

public or private agency or federally recognized tribe

for provision of detention services. Any contract

with a federally recognized tribe shall become

effective upon approval by the board of county

commissioners.

4. Management contracts for privately operated detention

facilities shall be negotiated with the firm found most qualified by

the board of county commissioners. However, no private management

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 340

contract shall be entered into by the board unless the private

contractor demonstrates to the satisfaction of the board:

a. that the contractor has the qualifications,

experience, and personnel necessary to implement the

terms of the contract,

b. that the financial condition of the contractor is such

that the term of the contract can be fulfilled,

c. that the ability of the contractor to obtain insurance

or provide self-insurance to indemnify the county

against possible lawsuits and to compensate the county

for any property damage or expenses incurred due to

the private operation of the juvenile detention

facility, and

d. that the contractor has the ability to comply with

applicable court orders and rules of the Office of

Juvenile Affairs.

5. All counties to be served by a secure juvenile detention

facility may, upon the opening of such facility, contract with the

operators for the use of the facility for the temporary detention of

children who are subject to secure detention; provided, however, a

jail, adult lockup, or other adult detention facility may be used

for the secure detention of a child as provided for in Section 2-3-

101 of this title.

6. Expenses incurred in carrying out the provisions of this

section shall be paid from the general fund of the county or from

other public funds lawfully appropriated for such purposes or from

private funds that are available for such purposes. A county may

also issue bonds for the construction of detention facilities.

7. The operation of a juvenile detention facility by a county

shall constitute a quasi-judicial function and is also hereby

declared to be a function of the State of Oklahoma for purposes of

the Eleventh Amendment to the United States Constitution. In

addition, no contract authorized by the provisions of this section

for the providing of transportation services or for the operation of

a juvenile detention facility shall be awarded until the contractor

demonstrates to the satisfaction of the county that the contractor

has obtained liability insurance with the limits specified by The

Governmental Tort Claims Act against lawsuits arising from the

operation of the juvenile detention facility by the contractor, or

if the contract is for the providing of transportation services, the

contractor has obtained liability insurance with the limits

specified by The Governmental Tort Claims Act against lawsuits

arising from the transportation of juveniles as authorized by
ied by The

Governmental Tort Claims Act against lawsuits arising from the

operation of the juvenile detention facility by the contractor, or

if the contract is for the providing of transportation services, the

contractor has obtained liability insurance with the limits

specified by The Governmental Tort Claims Act against lawsuits

arising from the transportation of juveniles as authorized by

subsection A of this section.

D. The Board of Juvenile Affairs, from monies appropriated for

that purpose, shall develop, adopt, and implement a plan for secure

juvenile detention services and alternatives to secure detention, to

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 341

be known as the State Plan for the Establishment of Juvenile

Detention Services, which shall provide for the establishment of

juvenile detention facilities and services with due regard for

appropriate geographical distribution and existing juvenile

detention programs operated by statutorily constituted juvenile

bureaus. Said plan may be amended or modified by the Board as

necessary and appropriate. Until said plan is adopted by the Board,

the plan adopted by the Commission for Human Services shall remain

in effect.

1. The Board of Juvenile Affairs shall establish procedures for

the letting of contracts or grants, including grants to existing

juvenile detention programs operated by statutorily constituted

juvenile bureaus, and the conditions and requirements for the

receipt of said grants or contracts for juvenile detention services

and facilities as provided in this section and Section 2-7-401 of

this title. A copy of such procedures shall be made available to

any member of the general public upon request. All such grants or

contracts shall require the participation of local resources in the

funding of juvenile detention facilities. A contract for services

shall be based upon a formula approved by the Board which shall set

the contract amount in accordance with the services offered and the

degree of compliance with standards for certification.

2. The Board of Juvenile Affairs shall establish standards for

the certification of detention services and juvenile detention

facilities. Such standards may include, but not be limited to:

screening for detention; education and recreation opportunities for

juveniles in secure detention; and accreditation by the American

Correctional Association. As a condition of continuing eligibility

for grants or contracts, secure juvenile detention services and

facilities shall be certified by the Board within two (2) years of

the date of the initial grant or contract.

E. The State Department of Health, with the assistance of the

Office of Juvenile Affairs, shall establish standards for the

certification of jails, adult lockups, and adult detention

facilities used to detain juveniles. Such standards shall include

but not be limited to: separation of juveniles from adults;

supervision of juveniles; and health and safety measures for

juveniles. The Department of Health is authorized to inspect any

jail, adult lockup, or adult detention facility for the purpose of

determining compliance with such standards. No jail, adult lockup,

or other adult detention facility shall be used to detain juveniles

unless such jail, adult lockup, or other adult detention facility

complies with the standards established by the Department of Health

and is designated as a place for the detention of juveniles by the

judge having juvenile docket responsibility in the county from a

list of eligible facilities supplied by the Department of Health.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 342

The development and approval of the standards provided for in

this paragraph shall comply with the provisions of the

Administrative Procedures Act.

F. The State Board of Health shall promulgate rules providing

for the routine recording and reporting of the use of any adult
ible facilities supplied by the Department of Health.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 342

The development and approval of the standards provided for in

this paragraph shall comply with the provisions of the

Administrative Procedures Act.

F. The State Board of Health shall promulgate rules providing

for the routine recording and reporting of the use of any adult

jail, lockup or other adult facility for the detention of any person

under the age of eighteen (18).

1. For the purpose of ensuring the uniformity and compatibility

of information related to the detention of persons under age

eighteen (18), said rules shall be reviewed and approved by the

Oklahoma Commission on Children and Youth prior to their adoption by

the Board; and

2. Records of detention shall be reviewed during each routine

inspection of adult jails, lockups or other adult detention

facilities inspected by the State Department of Health and a

statistical report of said detentions shall be submitted to the

Office of Juvenile Affairs at least every six (6) months in a form

approved by the Board of Juvenile Affairs.