SECTION 377:3-13-6. Certification of Secure Juvenile Detention Facilities, Municipal Juvenile Facilities, and Community Intervention Centers

(a)   Certification. The certification of secure detention facilities, municipal juvenile facilities, and community intervention centers by OJA is to ensure maintenance of minimum standards for the care and protection of juveniles detained in these facilities. OJA issues a permanent two-year certificate to operate a secure detention facility, a municipal juvenile facility, or a community intervention center when satisfied the facility meets the standards set forth in this subchapter. The certificate is non-transferable.

(b)   Provisional certificate. OJA shall issue a 90-day provisional certificate to operate a newly established secure juvenile detention facility, municipal juvenile facility, and community intervention center after determining the facility meets the respective requirements to include: physical plant, staffing ratio, and written policies. Prior to the conclusion of the 90 days, OJA shall conduct a full certification assessment of the facility to ensure its operation is in conformity with the requirements of a juvenile detention facility, municipal juvenile facility, or community intervention center. If the facility is in compliance OJA will issue a permanent two-year certificate to operate the facility. If the facility is not in compliance, OJA may issue a second 90-day provisional certificate to operate the facility, as long as the health and safety of juveniles are not substantially at risk. OJA shall conduct a second full certification assessment of the facility prior to the conclusion of the 90 days. Based on the findings of the second certification assessment, OJA will either issue the two-year certificate to operate the appropriate facility or deny the application. Only the OJA executive director may authorize more than two 90-day provisional certificates. Any facility that has been closed, sold, or had a change in operators may not operate as a juvenile detention facility, municipal juvenile facility, or a community intervention center until it has gone through this certification process.

(c)   Revocation of certification. If a facility is unable or unwilling to comply with requirements or has failed to adequately protect the health and safety of the juveniles, OJA may revoke the facility's permanent two-year certification or its 90-day provisional certification. The OJA executive director must authorize the revocation of the certificate and the facility shall receive notice in writing of the decision and the grounds for such action.

(d)   Monitoring. The Office of Public Integrity monitors for compliance with the certification requirements and offers technical assistance upon request. Allegations that a facility is not in compliance with certification requirements may necessitate an OPI investigation. The name of the complainant is kept confidential, if possible. OPI shall advise the facility administrator of the outcome of the investigation.

(e)   Development and revision of standards. The OPI and other OJA staff may propose new or modified certification standards to the Board of Juvenile Affairs. The development and revision of standards are subject to the rulemaking requirements of the Administrative Procedures Act.

[Source: Added at 14 Ok Reg 1863, eff 6-2-97; Amended at 15 Ok Reg 2661, eff 7-1-98; Amended at 17 Ok Reg 3202, eff 7-18-00 (emergency); Amended at 18 Ok Reg 2625, eff 7-1-01; Amended at 25 Ok Reg 1364, eff 7-1-08; Amended at 33 Ok Reg 1728, eff 9-11-16]