SECTION 340:110-3-169. Requirements for secure care facilities

(a)   Secure care facility. A secure care facility is a facility that cares for and supervises adjudicated children in a building in which voluntary entering and exiting is prohibited through the use of internal or exterior locks or through secure fencing around the perimeter.

(b)   Requirements. Secure care facilities are required to meet the rules contained in OAC 340:110-3-145 through 340:110-3-165.1 except as otherwise provided in this Section.

(c)   Supervision of residents. Secure care facilities meet the requirements contained in OAC 340:110-3-153.2 regarding supervision of residents. In addition, staff members remain awake at all times.

(d)   Searches and contraband. Secure care facilities meet the requirements contained in OAC 340:110-3-152(d) regarding required policies. In addition, secure care facilities have written policy and procedure governing searches and control of contraband.

(1)   Facility policy and procedure includes, but is not limited to:

(A)   control of contraband;

(B)   searches for contraband;

(C)   property searches;

(D)   searches of the facility; and

(E)   visitor searches.

(2)   Residents and visitors are notified that they are subject to search.

(3)   No resident is searched beyond what is necessary to maintain proper security.

(4)   Searches are conducted by a staff member of the same gender as the resident or visitor being searched.

(e)   Door security. Secure care facilities meet the requirements for door security contained in (1) - (4) of this subsection.

(1)   All doors are kept locked that are security perimeter entrances, exterior doors, and doors that the facility administrator determines should be locked. These doors are unlocked only for admission or exit of residents, employees, visitors, or in case of an emergency.

(2)   Doors to vacant units, unoccupied areas, and storage rooms are locked when not in use.

(3)   Staff members know what doors must be locked and under what circumstances the doors are opened.

(4)   Once a door is locked, it is checked to ensure it is secured.

(f)   Key control. A secure care facility has a key-control system that includes:

(1)   a log, which is available to licensing staff for review, to record the number of keys given out, the location of the lock, the number of keys to that lock, and the names of the employees possessing keys;

(2)   a central administrative area from where the keys are issued;

(3)   a manner of storage that permits easy determination of either the absence or the presence of the keys;

(4)   labeling of all keys and maintenance of at least one duplicate key for each lock; and

(5)   fire and emergency keys that are readily accessible.

(g)   Weapons. Weapons are not permitted beyond a designated area.

(h)   Behavior management. Secure care facilities are exempt from the rules contained in OAC 340:110-3-154.2(b)(7) and (11) regarding seclusion and mechanical restraint. Facilities that use seclusion and mechanical restraint meet the requirements contained in (1) - (4) of this subsection.

(1)   Seclusion. Seclusion may only be used when less restrictive interventions, according to facility policy, have been attempted or when an immediate intervention is required to protect the resident, staff member, or others, or prevent escape. Resident is released from seclusion when resident is no longer deemed a risk to self or others. A written incident report is completed within 24-hours following each use of seclusion.

(A)   Seclusion is used only with specific authorization of the executive director, the administrative person in charge, or a health professional.

(B)   When a resident is placed in seclusion, an adult staff member continuously monitors the resident, either in person or through audiovisual equipment, and personally checks the resident's well-being every 15 minutes. The resident receives appropriate medical and psychological services.

(C)   The resident has reasonable access to toilet facilities and to all scheduled meals while in seclusion.

(D)   As soon as the resident sufficiently gains control and is no longer a serious and immediate danger, the resident is released from seclusion. Residents age ten and older do not remain in seclusion longer than three hours or a total of six non-consecutive hours within any 24-hour period. Residents age 9 and under do not remain in seclusion longer than one hour within any 24-hour period.

(2)   Seclusion room. A room used for seclusion includes:

(A)   at least 60 square feet and a ceiling height of seven feet, six inches;

(B)   a safety glass window, mirror, or camera that allows for full observation of the seclusion room;

(C)   no hardware or furnishings that obstruct observing the child at all times;

(D)   no hardware, equipment, or furnishings that present a physical hazard or suicide risk;

(E)   means for natural or mechanical ventilation;

(F)   means for maintaining a temperature between 65 and 85 degrees Fahrenheit;

(G)   lighting for all areas of the room;

(H)   an automatic fire suppression system; and

(I)   time resident is released from seclusion.

(3)   Mechanical restraint. Mechanical restraint may only be used when less restrictive interventions, according to facility policy, have been attempted or when an immediate intervention is required to protect the resident, staff member, or others. Mechanical restraint may be used when transporting a resident in order to prevent escape, to prevent self-injury, to prevent injury to others, to prevent destruction of property, or to prevent inciteful behavior that jeopardizes security.

(A)   Mechanical restraint is used on the resident in a comfortable and humane manner.

(B)   Resident's hands are not restrained to his or her feet.

(C)   Resident is not restrained to an immovable object.

(D)   Resident is released from mechanical restraint when resident is no longer deemed a risk to self, others, or at imminent risk of escape.

(E)   A written incident report is completed within 24 hours following each use of mechanical restraint.

(4)   Seclusion and mechanical restraint log. A seclusion and mechanical restraint log is kept, and a report containing all information in the log is part of the resident's record. The log includes:

(A)   the date and time of placement in seclusion or the use of mechanical restraint;

(B)   the name of the person authorizing the use of seclusion or mechanical restraint;

(C)   the reason for the use of mechanical restraint or seclusion and other behavior management techniques attempted;

(D)   observation times, including a description of the resident's activity at each observation, and the signature of the person observing the resident; and

(E)   time resident is released from seclusion or mechanical restraint.

(i)   Emergency numbers. A secure care facility is exempt from the rules contained in OAC 340:110-3-165(3)(C) regarding posting of emergency telephone numbers. Emergency telephone numbers are readily accessible to staff members.

[Source: Added at 18 Ok Reg 3331, eff 10-1-01 (emergency); Added at 19 Ok Reg 1171, eff 5-13-02; Amended at 26 Ok Reg 2239, eff 7-1-09]