SECTION 377:10-1-2. Juvenile rights

(a)   Right to treatment. Each juvenile shall have the right to receive individualized care and treatment in the least restrictive setting consistent with the juvenile's care and treatment needs and, in the case of a delinquent juvenile, with the protection of the public. This means that:

(1)   Juveniles are entitled to be protected and cared for in a safe, caring, and humane environment;

(2)   Services provided to juveniles shall be based upon the individualized needs of each child, as determined by comprehensive assessment and evaluation, flexible, and available when needed for juveniles throughout the state. Juveniles shall be provided the programs and services reasonably necessary to implement each juvenile's individual service plan;

(3)   Services provided to juveniles shall be family-based whenever possible;

(4)   A full range of community-based program options must be a part of an overall continuum of care so as to implement the least restrictive placement for juveniles that is consistent with their needs and additionally, in the case of delinquents, with public safety;

(5)   In determining the appropriate placement of juveniles, the presumption shall be that the juvenile's best interests are served by remaining in his or her own home or home community with necessary services to be provided there;

(6)   Placement of juveniles in residential settings shall occur only after all non-residential alternatives have been attempted or considered, and placement of children in secure or highly restrictive residential settings shall occur only after less restrictive residential settings have been attempted or considered;

(7)   Brief psychiatric hospitalization for the short-term crisis stabilization of juveniles shall be the primary use of inpatient psychiatric care. Inpatient psychiatric care shall not be used for chemical dependency treatment unless the juvenile is psychotic, suicidal, or dangerous and cannot be stabilized in a less restrictive placement;

(8)   Residential services shall be provided, whenever possible, in small, homelike, community-based facilities rather than larger, self-contained units; and

(9)   When juveniles are placed in residential care, multiple residential placements shall be avoided to achieve placement stability. The length of stay in non-community-based residential care shall be as brief as possible.

(b)   Institutional placements. No juvenile adjudicated in need of supervision shall be placed in an OJA institution or other secure institution.

(c)   Classification of juveniles. Classification policies and procedures provide for the identification and utilization of the least-restrictive placements with the needs of the juvenile and additionally, in the case of delinquents and youthful offenders, with the protection of the public.

[Source: Added at 14 Ok Reg 1864, eff 6-2-97; Amended at 15 Ok Reg 3628, eff 6-1-98 (emergency); Amended at 16 Ok Reg 2969, eff 7-12-99]