Oklahoma Administrative Code
Title 377 - Office of Juvenile Affairs
Chapter 3 - Administrative Services
Subchapter 1 - Office of the Executive Director
Part 3 - OFFICE OF THE ADVOCATE GENERAL
Section 377:3-1-25 - Abuse, neglect, and caretaker misconduct of a child in OJA custody and placed in a secure facility or other facility operated by or through contract with OJA

(a) Requirements for reporting incidents of abuse and neglect. Title 10A O.S., § 1-2-101 requires every person who, in good faith and exercising due care, has reason to believe that a child under the age of eighteen (18) is a victim of abuse or neglect to report the condition or incident to the appropriate office for investigation through the DHS statewide centralized hotline. For purposes of the reporting requirements for this subchapter, abuse is defined in Title 10A O.S., § 1-1-105, and shall include sexual harassment. An employee who, in good faith and exercising due care, has reason to believe that a child is a victim of abuse or neglect shall make an immediate, verbal or email report, as required by 10A O.S., § 1-2-101 and to the supervisor who shall ensure a report is made to the OJA Office of Advocate General, or as required by 10A O.S., § 1-2-102 to the DHS hotline, when:

(b) Use of restraints and physical force. Abuse and neglect do not include the use of restraints or physical force as authorized by law, allowed by regulation or policy, and performed in such a manner as to be deemed acceptable by approved systems of restraint including, but not limited to, MANDT, CPI, CAPE, or CCMS. Medical attention shall be provided immediately upon the juvenile's release from restraint as a result of physical force even if there is no visible evidence or complaint of injury. Medical attention shall be provided in an institution by a licensed physician, licensed practical nurse, registered nurse, physician's assistant, or emergency medical technician; or in a group-home or private facility, staff certified in first aid and CPR may provide medical attention and are responsible for referring the juvenile to licensed medical personnel, if warranted.

(c) When a reportable situation arises and within 24-hours, each staff member, resident, or other person present during the incident shall prepare and submit to the facility administrator or designee, a written incident report describing what the person saw or heard. The facility administrator, shall ensure a preliminary assessment is conducted to:

(d) The facility administrator shall collect medical records, other documents and reports which pertain to the alleged incident, written statements and any other documentary evidence and place them in a holding file for investigative use by the appropriate investigative authority.

(e) Caretaker misconduct in OJA secure facilities. Every employee in an OJA secure facility shall report allegations of caretaker misconduct to the OJA Advocate General for investigation and disposition. The system for investigation and disposition of such investigation shall be developed by the Advocate General in cooperation with the Executive Director and shall be approved by the Board of Juvenile Affairs. The Advocate General shall determine whether the allegation involves caretaker misconduct.

(f) Caretaker misconduct in facilities other than OJA secure facilities. Every employee of a facility, other than an OJA secure facility, operated by or through contract with OJA shall report allegations of caretaker misconduct in accordance with DHS Rule 340:2-3-33.

(g) Educational employees. If the alleged abuse, neglect, or caretaker misconduct involves an employee of a school district which provides contract educational services to OJA, either as a witness or as an accused caretaker, the facility administrator shall notify the principal of the school of the nature of the allegation, and name of the assigned investigator. The principal shall then be responsible for advising the employee accordingly and coordinating with the appropriate investigative authority.

(h) Protection or medical treatment. In the event of alleged abuse, neglect, or caretaker misconduct in a facility, the facility administrator or designee shall assure protection of the juvenile and obtain medical attention for the juvenile.

(i) Failure to report. Any employee who fails to report abuse, neglect, or caretaker misconduct as required by this Section, is subject to disciplinary action under OJA's personnel rules. If it is determined the employee failed to report as required, the Advocate General of OJA shall make a referral to the appropriate law enforcement agency as provided in Title 10A O.S., § 1-2-101.

(j) Interference prohibition. Any employee who interferes with an abuse, neglect, or caretaker misconduct investigation, or attempts to intimidate or harass a witness, victim, or employee accused of alleged abuse, neglect, or caretaker misconduct through force or fear, or by threatening physical or mental harm to a witness, victim or others, is subject to disciplinary action under OJA's personnel policy and could be subject to criminal prosecution.

(k) Contract termination. A contractor's contract shall be subject to immediate termination for failure to adhere to this subchapter or knowingly allowing an employee to:

(l) Retaliation. The agency shall ensure protection of both staff and juveniles who report sexual abuse or sexual harassment or for cooperating in sexual abuse or sexual harassment investigations from retaliation.