SECTION 340:75-10-8.1. General requirements

(a)   Uncensored mail communications for residents. Pursuant to 10A O.S. § 1-7-105, a child residing in an OKDHS managed and operated shelter may have constant access to writing materials and may send mail without limitation, censorship, or prior reading and may receive mail without prior reading. 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. Restrictions are court-ordered when warranted for the child's protection.

(b)   Resident's communication and visitation with family. A child in OKDHS custody has a right to communicate and visit 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, per 10A O.S. § 1-7-105.

(c)   Resident's access to his or her attorney. A shelter resident is provided access to his or her attorney while a resident of an OKDHS managed and operated shelter.

(d)   Comprehensive service plan. A written service plan, required by OAC 340:75-110-3-154, is developed and documented for each resident within three days of admission.

(e)   Education. Pursuant to 10A O.S. § 1-7-105 a child in the custody or care of OKDHS is provided access to an education including teaching, educational materials, and books. In accordance with 10A O.S. § 1-7-103, when a child is admitted to the shelter, educational instruction is provided, as soon as practicable, through enrollment in a public school or an alternative program consistent with the needs of the child. Pursuant to 10A O.S. § 1-9-111, OKDHS may:

(1)   assist local school districts in providing an education to children in OKDHS operated facilities;

(2)   supplement the education; and

(3)   provide facilities for these purposes.

(f)   McKinney-Vento Homeless Assistance Act. Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 1143 et seq.) prohibits the segregation of a homeless child or youth in a separate school, or in a separate program within a school, based on the child or youth's homelessness.

(g)   Hygiene and clothing. Per 10A O.S. § 1-7-105, a child placed in an OKDHS operated and managed shelter is allowed daily access to showers and is allowed his or her own clothing or individualized clean clothing.

(h)   Emergency plans in OKDHS managed and operated shelters. The shelters maintain plans for the protection of all persons in the facility in the event of fire, severe weather, or other emergency situations in accordance with OAC 340:110-3-165.1. The plans include evacuation of the shelter buildings when necessary. All shelter staff are trained to perform their duties in the event of an emergency and emergency plan drills are conducted periodically.

(i)   Minimum qualifications for shelter staff. Per 10A O.S. § 1-9-111, shelter staff working with or around children possess minimum qualifications designed to assure:

(1)   sufficient education, training, experience, and background to provide adequate and safe professional care and services to children; and

(2)   children are not exposed to abuse, deprivation, criminal conduct, or other unwholesome conditions attributable to employee misconduct.

(j)   Prohibited punishment. A shelter resident is not punished by physical force, deprivation of nutritious meals, family visits, or solitary confinement per 10A O.S. § 1-7-105.

(k)   Mistreatment of shelter residents prohibited. OKDHS conduct prohibits the abuse, neglect, or mistreatment of shelter residents and requires employees to report any suspected abuse, neglect, or mistreatment of children residing in a shelter.

(l)   Use of physical force. Use of physical force, when authorized, is the least force necessary under the circumstances and is permitted by 10A O.S. § 1-7-105 only:

(1)   for self-protection;

(2)   to separate children who are fighting;

(3)   to restrain children in danger of inflicting harm to themselves or others; or

(4)   to deter children who are in the process of leaving the facility without authorization.

(m)   Resident grievances in OKDHS managed and operated shelters. OKDHS maintains a complaint resolution process designed to ensure fair consideration of complaints made by or on behalf of children in OKDHS custody. The grievance process may be utilized by shelter residents.

(n)   Volunteers in OKDHS managed and operated shelters. Pursuant to OAC 340:110-3-153.1, OKDHS shelters may utilize groups of or individual volunteers.

(o)   Resident's shelter record. OKDHS shelters maintain a written record for each resident.

[Source: Added at 28 Ok Reg 894, eff 7-1-11]