Okla. Admin. Code § 340:75-11-237

Current through Vol. 42, No. 4, November 1, 2024

Section 340:75-11-237 - Rights of a child in community-based residential care (CBRC)

(a) Child's rights.

(1) A child is not subjected to unreasonable silence rules, group punishment for inappropriate individual acts, profanity, verbal abuse, or threats of unnecessary or unauthorized physical force by staff, or "make work"; provided that nothing herein prevents a child from performing routine housekeeping tasks or maintenance work directly related to a vocational program, such as specific skill training.

(2) Except in situations that pose a serious threat to the child's life or health, a child has the right to refuse medications. Refused medications cannot be administered unless a court order is obtained authorizing forcible administration. Necessary medication a physician prescribes may be forcibly administered by staff trained in medication administration and who are familiar with the child's condition.

(3) A child:

(A) is not punished by:

(i) physical force;

(ii) deprivation of nutritious meals;

(iii) deprivation of family visits; or

(iv) solitary confinement;

(B) has the opportunity to participate in physical exercise daily;

(C) has daily access to a shower;

(D) is allowed his or her own clothing or individualized clothing that is clean per Oklahoma Administrative Code (OAC) 340:110-3-154.1;

(E) has constant access to writing material and may send mail without limitation, censorship, or prior reading;

(F) may receive mail without prior reading, except that mail may be opened in the child's presence, without being read, to inspect for contraband or when court authorized for the child's protection;

(G) has access to email, mail, social media, and phone calls with family and friends that are not monitored or restricted unless for the child's protection. Denial of email, mail, social media, phone contact, or visitation with family members occurs only by court order when it is determined contact with a specifically identified family member is not in the child's best interest, per OAC 340:75-6-30;

(H) has 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 child's best interest;

(I) has timely access to medical care as needed;

(J) is provided access to educational programs, including teaching, educational materials, and books;

(K) has a right to access his or her attorney; and

(L) has access to grievance and appeal procedures, per OAC 340:2-3-45 through 340:2-3-49.

(4) A child's visitation with family is not contingent upon the child's behavior and the CBRC does not deny family visitation.

(5) A child's behavioral health needs are met, protected, and served through the provision of guidance, counseling, and treatment programs staffed by competent, professionally qualified persons.

(b) All CBRC programs under contract with Oklahoma Human Services (OKDHS) comply with Section 1-7-105 of Title 10A of the Oklahoma Statutes, OAC 340:110-3-154.1, and OAC 340:110-3-154.2.

(1) The use of mechanical restraints and medication for behavior management are prohibited in OKDHS operated and contracted programs. The use of physical force, when authorized, is the least force necessary under the circumstances and is permitted only with an approved, non-pain producing, passive, positive, youth development curriculum:

(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.

(2) The approved, non-pain producing, passive, positive, youth development curriculum includes:

(A) graded alternatives using a combination of psychological and physical techniques to ensure safety with emphasis toward:

(i) de-escalation of the situation;

(ii) elimination of abuse to persons with acting out behavior; and

(iii) injury reduction; and

(B) physical contact aspects are utilized only when the child's behavior poses an imminent danger to self or others when all other methods were exhausted. Physical contact may only last until the imminent danger has passed.

(3) CBRC placements providing care and treatment for children in OKDHS or tribal custody are not locked for the purpose of deprivation of liberty or for disciplinary purposes.

Okla. Admin. Code § 340:75-11-237

Added at 18 Ok Reg 680, eff 1-10-01 (emergency); Added at 18 Ok Reg 2128, eff 6-11-01; Amended at 19 Ok Reg 217, eff 12-1-01 (emergency); Amended at 19 Ok Reg 1129, eff 5-13-02; Amended at 22 Ok Reg 1270, eff 5-26-05; Amended at 27 Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022