SECTION 377:1-1-5. Board of Juvenile Affairs

(a)   Composition. Title 10A O.S., §2-7-101, authorizes the Board of Juvenile Affairs (Board) as the governing body for the Office of Juvenile Affairs. The Board shall consist of seven (7) members appointed by the Governor with the advice and consent of the Senate in accordance with 10A O.S. §2-7-101.

(b)   Meetings. Regularly scheduled meetings of the Board shall be held at places, dates, and times fixed by the Board and after appropriate notice. Special meetings may be called by the Chair or by five (5) members of the Board by delivery of written notice to each member of the Board. Emergency meetings of the Board may be called as provided by Oklahoma statutes.

(1)   Any member may waive notice of any meeting. The attendance of a member at a meeting shall constitute waiver of notice of such meeting except where the member attends for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened.

(2)   All meetings, including executive sessions, shall be conducted in accordance with the provisions of the Open Meeting Act.

(c)   Voting. A majority of members serving on the Board shall constitute a quorum.

(1)   The acts of the majority of the members present at a meeting at which a quorum is present shall be the acts of the Board except that a vote of not less than four (4) members of the Board shall be required to amend these rules.

(2)   A member may disqualify himself or herself from a vote at any time and without explanation. A member who disqualifies himself or herself from a vote shall be considered to be not present for purposes of that vote.

(d)   Election of officers. At the first meeting of each calendar year, the Board shall elect one of its members to serve as Chair and another of its members to serve as Vice-chair. The Chair or Vice-chair shall hold office until his or her successor has been duly elected or until his or her death, resignation, or removal.

(e)   Vacancies. A vacancy in the elected position of Chair or Vice-chair because of death, resignation, removal, disqualification, or otherwise, may be filled by the Board for the unexpired portion of the term of the position.

(f)   Duties of the position of Chair and Vice-chair. The Chair, or in his or her absence, the Vice-chair, shall preside at all meetings of the Board, including executive sessions. The Chair, or Vice-chair as the case may be, shall be the final authority on all procedural issues, and may, when appropriate, refer to and follow the recommendations of the legal counsel for the Office of Juvenile Affairs or "Robert's Rules of Order" to resolve a procedural issue.

(1)   The Chair, within two weeks of a member's new appointment, shall:

(A)   brief the member of the Board regarding the duties and responsibilities of the Board and its members;

(B)   provide the new member a copy of the statutes pertinent to the Board and its duties;

(C)   provide a copy of the monthly operating budgets of the Office of Juvenile Affairs for the preceding twelve months;

(D)   provide a copy of the rules under which the Office of Juvenile Affairs functions and operates; and

(E)   provide such other information as is necessary to assure that the new member is advised of his or her duties and responsibilities.

(2)   The Chair may delegate the briefing described in paragraph (1) of this subsection in whole or in part to the Executive Director of the Office of Juvenile Affairs or a managing officer of that agency, but the responsibility for its accomplishment shall remain with the Chair.

(g)   Responsibilities. The purpose of the Board of Juvenile Affairs is to act as the governing board for the Office of Juvenile Affairs and to implement and direct the mandates of the Oklahoma Legislature with respect to the custody, care, and supervision of juveniles adjudicated to be delinquent or in need of supervision or persons sentenced as youthful offenders. The Oklahoma Juvenile Code, Title 10A O.S. § 2-1-101 et seq., and other provisions of law related to children and youth gives the Board the responsibility for:

(1)   promulgating rules for the Office of Juvenile Affairs and for its own governance;

(2)   adopting an official seal for the Office of Juvenile Affairs;

(3)   appointing and setting the salary of the Executive Director of the Office of Juvenile Affairs;

(4)   reviewing and approving OJA's budget request to the Governor;

(5)   assisting OJA in conducting regular reviews and planning activities related to the goals, objectives, priorities, and policies of the Office of Juvenile Affairs;

(6)   providing a public forum for receiving comments and disseminating information to the public regarding the goals, objectives, priorities, and policies at least quarterly;

(7)   adopting nonbinding resolutions requesting action by the Office of Juvenile Affairs in response to comments from the public or upon the Board's own initiative;

(8)   establishing OJA contracting procedures and guidelines for rates of payment for services provided by contract; provided the Board may not increase payment rates during the time the Legislature is not in session;

(9)   serving as the rulemaking body for the Office of Juvenile Affairs, including promulgating rules which implement the duties and responsibilities of the Office of Juvenile Affairs pursuant to the Oklahoma Juvenile Code;

(10)   developing performance standards for programs implemented by the Office of Juvenile Affairs, either directly or by contract;

(11)   appointing the Executive Director, or in the event of a vacancy, designating an interim or acting Executive Director, including the Chief of Staff of the Office of Juvenile Affairs, until a new and permanent Executive Director is appointed;

(12)   establishing fee schedules;

(13)   advising OJA with respect to real estate leases;

(14)   approving criteria for designation of organizations as "Youth Services Agencies";

(15)   establishing an administrative hearing and appeal process for denials of "Youth Service Agency" designation;

(16)   reviewing annually the OJA report (OJA Annual Report) which analyzes and evaluates the effectiveness of OJA programs and services;

(17)   reviewing annually the OJA report (OJA Annual Report) which analyzes and evaluates the effectiveness of the Youthful Offender Act;

(18)   promulgating rules for the Office of Juvenile Affairs to obtain national criminal history records searches for personnel working with or around juveniles in the Office of Juvenile Affairs' institutions and Office of Juvenile Affairs' operated facilities, pursuant to 10 O.S. § 404.1;

(19)   promulgating rules, outlining policies and procedures governing the operation of facilities operated by or through contract with OJA;

(20)   promulgating rules defining contraband for purposes of inspection;

(21)   promulgating rules governing the use of mechanical restraints in institutions and other facilities operated by or through contract with the Office of Juvenile Affairs;

(22)   receiving and reviewing institutional inspection reports of the State Fire Marshall and Commissioner of Public Health;

(23)   establishing standards for regimented juvenile training programs;

(24)   establishing the proposal submission and education procedures and criteria for the implementation of the Delinquency and Youth Gang Intervention and Deterrence Act;

(25)   promulgating rules necessary for the implementation of the "Juvenile Offender Victim Restitution Work Program";

(26)   adopting rules as required to implement the Serious and Habitual Juvenile Offender Program and Juvenile Justice Information System;

(27)   establishing certification standards for municipal juvenile facilities for temporary detention;

(28)   promulgating standards for certification of juvenile detention facilities;

(29)   developing, adopting, and implementing the "State Plan for the Establishment of Juvenile Detention Services";

(30)   establishing procedures for the letting of contracts or grants for juvenile detention services or facilities;

(31)   approving a form for the statistical reporting of detention of persons under the age of 18;

(32)   establishing standards for the certification of detention services;

(33)   with the State Department of Health, establishing standards for certification of jails, adult lock-ups and adult detention facilities used to detain juveniles;

(34)   establishing guidelines and procedures for Juvenile Bureaus to ensure uniformity in the performance of the Juvenile Bureau's statutory duties;

(35)   promulgating rules and forms necessary for the implementation of the juvenile sex offender registry;

(36)   establishing Foster Care licensing standards for Office of Juvenile Affairs' foster home placements;

(37)   promulgating rules for the expansion for criminal records searches or foster care eligibility assessments beyond the records searches conducted by the Oklahoma State Bureau of Investigation:

(38)   Designating Youth Services Agencies;

(39)   Adopting the State Plan for Youth Services Agencies;

(40)   promulgating rules as necessary for the establishment and operation of a charter school pursuant to 10A O.S. § 2-7-616; and

(41)   promulgating rules, creating policies and procedures governing the establishment of detention beds, pursuant to 10A O.S. § 2-7-608.

[Source: Added at 14 Ok Reg 1839, eff 6-2-97; Amended at 15 Ok Reg 2642, eff 7-1-98; Amended at 17 Ok Reg 3119, eff 7-27-00; Amended at 23 Ok Reg 2758, eff 7-1-06; Amended at 24 Ok Reg 1389, eff 7-1-07; Amended at 28 Ok Reg 1979, eff 7-15-11; Amended at 33 Ok Reg 1726, eff 9-11-16; Amended at 35 Ok Reg 1763, eff 9-14-18]